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HomeMy WebLinkAboutAshland Hills Annexation 1977 #1 () '( ",/1/ //.'",-1-" 'b' / f 3(; trN'3 7 'n ;,C/3,':"- _h -, ,r- 7~ _'1'" [ c./ ""'_0_'( (l'//~T;{/( ASHLAND HILlS ANNEXATION NO. 1 (information below) (' /, ./ '" ./' e,., "Z ~~ c'" u_______ (/J, '--"(' ------'c...!:.-b. 11/; L..-O: , ....;C- ..,'<.,y-'- -,,' /f> ~ ~, /.', , " ,--~ <'------' tl/ J / -' ;;--,' /Co '_.--:' -" r>. ""~~r"" ~C " /, <-~.!..---' '.' . ~ .- . o'''''C_./ (~, // '/ /, / '_.1-- ' -/ .f" ;z? t..-..:::---(4Lr' / -,-(( // ~I /:' -'/::,;;:.-- -!(,(~'( - i NEXATION STATEt (For Fire Insurance Rating Purposes N T Only) COUNTY Jackson CITY Ashland Name of Tract Ashland Hills Area 8.43 acres Date of certification by Secretary of State r':~~~'-~~'~~~~"&..~~~"'&."Q.."&.~~~"&."&.''I:$::..~'~'~'<!$&."*,''&.~~'~,,*,,,*,~~~:: : ~A. 1. Please attach a copy of the annexation ordinance or Bdry. Comm. ~ ~ ~ I ~ ~""u B. ANNEXED AREA CURRENTLY BU I L T UPON: Ord; nance No. or Bdry. Comm. Fi n. Order No. Ord. 1936 Sept. 21, 1977 !Jil ~'~''l/$i.j F i na I Order. I,: 2. Please attach a surveyor's map drawn to scale showing boundaries of the tract or area, accurate distances, angles and streets therein. Show enough of the former city I imits and streets in the close vicinity of the area annexed to enable us to I ine it up properly on our..maps..:.. ......................a.....W......w.w....................................~~......................w.............. ..... .......................... ....... ......................w......................... ...,... ..... ....-..... ........ .....w................,.....w......................"'.........WAW.......,..w...w,........w......................,....w.......w...w..... .......w......;: Approximate percentage of lots built upon ~ Nature of occupancies: All dwell ings or apt. bldgs. w/under 5 occupancy units? Some churches and/or schools?........................ Some mercantiles or apt. bldgs. w/over 4 occupancy units? Some i ndust r.ia 1 s?.................. .................... __ yes ,~no __yes,~no __yes,~no __ yes ,~no no buildings on site Size of bui ldings - grade floor area: 5,000 to 10,000 square feet................. 10,000 to 25,000 square feet .. .............. Over 25,000 square feet ....... ,.. ........... _____none,_____few,_____many ~none,_._few,_many ____none,____few,____many C. ZONE RESTRICTION: 1. Does your community have any occupancy restrictions for this tract? yes If so, state nature of restriction C-l Commercial Retail DistfTct 2. Is there a stril.tly enforced regulation calling for installation of mains and fire hydranc, prior to start of construction? No D. PROTECT ION: Are there any fire hydrants in or adjoining this tract? No . If so, please attach a map or sketch showing size and location of mains and hydrants. If your city has a fire alarm system, has it been extended to this tract? No Date: 10-4-77 ~1 hu L' -;t;d'4J~~ City . ~ecorder "'" ~~~< IMPORTANT *** Fire insurance rates in this tract will remain at their old level until we receive sufficient information to calculate the effect of annexation. PLEASE COMPLETE AND RETURN THIS BLANK TOGETHER WITH THE ORDINANCE(S) AND MAPS PROMPTLY AND THUS AID THE CITIZENS OF THE TRACT OR ANNEXED AREA. INSURANCE SERVICES OFFICE OF OREGDN 721 SW Oak Street PORTLAND, OREGON 97205 ------f;nr:nL~- 64 I? /7? ~4'11 Ii [I I, I J 'II .,'. o .= "1&1 !- tt , :1 Ii \ I I \~t:.;~ ~ 'ijP ; ,t:: . \ <:,'C O.S! \I):t;. .\i:c1l lJl,- ~" j;j . ' " ! , ;1 ~ i f 0 o r'- CQi t" ;' ... 0 . - .. , :: w I =t · fl' ~! .41 f'" rl o o. .. . i .. .. .. w .. ::: ~ ;; .. 0 .. ~ ~I jl I II II G . . " ~ . " -=- -_:: / / ,,/ / . 0, ., .., - - .-:- - - 2 1...;- - -~ :--~ . ... i!l . - ... , - . " . . / I ~I ..;,1. c:--' I . ~ .-:.' ,,:-. t-..' =:.-- /~.., - - " ' . . ' ... ' , I ' " /-~., I "..~/ -.-- --'." .\ -_/ I i ~ . ;1 Cril ~ . .. .-" ...:: fJ..........-- :-{ // <("...~~// ~~. --/ '; . . d k z ii: .. on z ' I~ , _I"''' I (!)-t 1/r- . , ., . a ....Ft4~ , .1 ~ !I ~I " ~ ~ , i- ~ "" ~~~... ~...~'" ... ----- !i _ 1~ .'J' -, .::::-!------ . ;)1111 . ORDINANCE No./9<< AN ORDINANCE OF THE CITY OF ASHLAND WITHDRAWING CERTAIN RECENTLY ANNEXED REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO. 5 (ASHLAND HILLS ANNEXATION) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION"l. The following described real property situated in the City of Ashland, Jackson County, Oregon, is hereby withdrawn from Jackson County Fire District No.5 pursuant to the provisions of ORS 222.520(6). Said real property is described as follows to wit: F'; ~. '-' ..... ~' ~. , . . ~ ~ ... -- :: :,.: i...-.j :-- (L, , . :_ .:;: f!. ,. ..-~ ~ ~ ~. ~, +-" ...~ . ,- .~.....' ., Commencing at the section corner common to Section 11, 12, 13 and 14, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, thence North 45000' East:, 95,20 feet to a point on the Southwesterly right-of-way of East Main Street, for the True Point of Beginning; thence North 38056' West along said right of way 1450.15 feet, to a point on the East line of Government Lot 10 in Section 11, said Township and Range; thence South 00011' West, along the East line of said lot, 286.04 feet to the Northwest corner of tract described in Volume 422 Page 19, Jackson County Deed Records; thence South 51045' East, along the Northerly line of said tract, 171.40 feet; thence South 34052' East, 236,30 feet to the Southeast corner of tract described in Volume 403, Page 227, said Deed Records; thence West, along the South line of said tract, 270.00 feet to the East line of said Lot 10; thence South 00011' West along said East line, 405.14 feet to the Southerly right-of-way of Highway No. 66; thence North 67017' East, along said Southerly right-of-way 146.04 feet; thence along the arc of a 411.68 foot radius curve to the right (the long chord of which bears South 850 53' 30" East, 371. 77 feet) 385.72 feet; thence South 59003' East, 620.45 feet to an intersection with the projected Southwesterly right-of-way of East Main Street; thence North 38056' West, along said projected right-of-way 195.94 feet more or less to the true point of beginning, containing 8.43 acres more or less. ." SECTION 2. The City of Ashland elects pursuant to ORS 222.520(2) (6) to pay annually, as the bonds of Jackson County Fire District No.5 (formerly the Talent Rural Fire Protection District) that were outstanding on the effective date of this Ordinance, as the same proportion of such outstanding bonds and interest thereon, as the assessed valuation of that part withdrawn bears to the assessed valuation of the entire district on the effective date of this ordinance. The foregoing Ordinance was first read on duly PASSED and ADOPTED this /d day of -p.. the /9 day of '-7'F~~ 1977, and O(l~ , 1977. ~';)a:u/ L ~d4d& Nan E Franklin City Recorder SIGNED and APPROVED this /d day of ~ f -.J ~#/ SECRETARY OF STATE ELECTIONS AND PUBLIC RECORDS DIVISION STATE CAPITOL SALEM, OREGON 97310 378-4144 NORMA PAULUS C. GREGORY McMUROO RAYMONO A. PHELPS, Jr. ASSISTANTS September 21, 1977 Nan E. Franklin City Recorder City of Ashland City Hall Ashland, OR 97520 Dear Ms. Franklin: We have received and filed, as of September 20, 1977, Ordinance No. 1936 annexing territory to the City of Ashland. Our filing number is 77-221. Sincerely, ~~ Lloyd Cooke Chief Clerk Public Records lc ik/Lh-I /~ (.(Jt- JW?:--. :II I OFFICE OF THE SECRETARY OF STATE SECRETARY Of STATE ELECTIONS AND PUBLIC RECORDS DIVISION STATE CAPITOL SALEM. OREGON 97310 378-4144 NORMA PAULUS C. GREGORY McMURDO RAYMOND A. PHELPS, Jr. ASSISTANTS September 13, 1977 Nan E. Franklin City Recorder City of Ashland City Hall Ashland, OR 97520 Dear Ms. Franklin: The enclosed copies of Ordinance No. 1936, are being returned pursuant ORS 222.160. We need either and original signature or a certificate of authenticity for filing purposes. If you have any questions, please contact this office. Sincerely, $A&-k Lloyd Cooke Chief Clerk Public Records lc Enclosures ~~ -?-j , ASHLAND HILLS ANNEXATION Description Commencing at the section corner common to Sections 11, 12, 13, and 14, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, thence North 45000' East, 95.20 feet to a point on the Southwesterly right of way of East Main Street, for the True Point of Beginning; thence North 38~56' West along said right of way 1450.15 feet, to a point on the East line of Government Lot 10 in Section 11, said Township and Range; thence South 00011' West, along the East line of said lot, 286.04 feet to the Northwest corner of tract described in Volume 422 Page 19, Jackson County Deed Records; thence South 51045' East, along the Northerly line of said tract, 171.40 feet; thence South 3~052' East, 236.30 feet to the Southeast corner of tract described in Volume 403, Page 227, said Deed Records; thence West, along the South line of said tract, 270.00 feet to the East line of said Lot 10; thence South 00011' West along said East line, 405.14 feet to the Southerly right of way of Highway No. 66; thence North 67017' East, along said ~outherly right of way 146.04 feet; thence along the arc of a 411.68 foot radius curve to the right (the long chord of which bears South 85053'30" East, 371.:77 feet) 385.72. feet; thence South 59003'East, 620.45 feet to an inter- section with the projected Southwesterly right of way of East Main Street; thence North 38056' West, along said projected right of way 195.94 feet more or less to the true point of beginning, containing 8.43 acres more or less. 8-2- :77 /"n~""" -# / ----_._~--.-.....__..- ASHLAND HILLS ANNEXATION Description Commencing at the section corner common to Sections 11, 12, 13, and 14, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, thence North 45000' East, 95.20 feet to a point on the Southwesterly right of way of East Main Street, for the True Point of Beginning; thence North 38056' West along said right of way 1450.15 feet, to a point on the East line of Government Lot 10 in Section 11, said Township and Range; thence South 00011' West, along the East line of said lot, 286.04 feet to the Northwest corner of tract described in Volume 422 Page 19, Jackson County Deed Records; thence South 51045' East, along the Northerly line of said tract, 171.40 feet; thence South 3~052' East, 236.30 feet to the Southeast corner of tract described in Volume 403, Page 227, said Deed Records; thence West, along the South line of said tract, 270.00 feet to the East line of said Lot 10; thence South 00011' West along said East line, 405.14 feet to the Southerly right of way of Highway No. 66; thence North 67017' East, along said Southerly right of way 146.04 feet; thence along the arc of a 411.68 foot radius curve to the right (the long chord of which bears South 85053'30" East, 371.77 feet) 385.72. feet; thence South 59003' -East, 620.45 feet to an inter- section with the projected Southwesterly right of way of East Main Street; thence North 38056' West, along said projected right of way 195.94 feet more or less to the true point of beginning, containing 8.43 acres more or less. 8-2-77 ~#/ -~.._.__....-~--I~- STATE OF OREGON ) ) ss. County of Jackson ) AFFIDAVIT I, NOEL LESLEY, being duly sworn, depose and state as follows: That I am the Vice-President of Ashland Hills Inn, Inc., an Oregon corporation; that this corporation has entered into a legally binding contract for the construction of the Ashland Hills Inn in Ashland, Oregon, with the VIK Construction Co., an Oregon corporation. I further state that none of the shareholders nor directors of either corporation are shareholders or directors in the other. That this Affidavit is made to comply with the conditions set forth by the City of Ashland in their various procedures pertinent to the rezoning and annexation of the land and otherwise connected with the granting of permission for the commencement of construction of the project. t\~~ Noel Lesley~ STATE OF OREGON ) ) County of Jackson ) ss. JU5~~ q /9-;77 .J Personally appeared NOEL LESLEY, who, being sworn, stated that he is the Vice-President of the Ashland Hills Inn, Inc., an Oregon corporation, and that this instrument was voluntarily signed on behalf of the said corporation by authority of its board of directors. Before me: ~!t/ (! ~ ~~PUbliC for Oregon~ My commission expires :b/,- :? /979 ./ Affidavi t ~=/ GARY L. PRICKETT ALLEN G. DRESCHER DONALD LAWS ROLAND McCANNON BONNIE HAMILTON DEAN PHELPS JAMES M. RAGLAND BRIAN L. ALMQUIST C I T Y o F ASHLAND C I T Y Mayor Councilman Councl!mtin Councilman Councilwoman Councilman Councilman City Administrator HAL L ASHLAND. OREGON 97520 telephone (COde 503) .482-3211 September 12, 1977 Ronald L. Salter City Attorney Dear Ron, The information below has been sent to the different agencies for recording on the Ashland Hills Annexation. Secretary of State - State Capitol - Salem, OR 97301 1. Copy of consent to annexation. 2. Ordinance No. 1927, dispensing with an election. 3. Ordinance No. 1936, annexing the territory, together with legal description & map. 4. Affidavit of publication. 5. Affidavit of notice posting. State of Oregon, Department of Revenue - Assessment & Appraisal Division - Salem, OR 97310 1. Copy of Ordinance 1936, annexing the area. 2. Legal description of Ashland Hills Annexation. 3. Copy of the certified map of the territory annexed. Jackson County Assessor - Jackson County Courthouse _ Medford, OR 97501 1. Copy of Ordinance 1936, annexing the area. 2. Legal description of Ashland Hills Annexation. 3. Copy of the certified map of the territory annexed. Jackson County Surveyor - Jackson County Courthouse - Medford, OR 97501 1. Copy of Ordinance 1936, annexing the area. 2. Legal description of Ashland Hills Annexation. 3. Copy of the certified map of the territory annexed. Jackson County Clerk - Jackson County Courthouse - Medford, OR 97501 _:'"'",.",.,.,......,..',,'....-- 1. Copy of Ordinance 1936, annexing the area. 2. Legal description of Ashland Hills Annexation. 3. Copy of the certified map of the territory annexed. Sincerely, /) J~<-' ~ .:;t,..~..d/.,___ Nan E. Franklin City Recorder -~- -1-- - ---- -11' ~#~-i!: ~~RTIFICATE OF CITY RECORDER STATE OF OREGON) County of Jackson: ss. City of Ashland) I, NAN E. FRANKLIN, City Recorder, of the City of Ashland, Oregon, hereby certify that I am the official custodian of all documents and records of the said City and that I have prepared and attached copies of the following documents: 1. Copy of consent to annexation 2. Ordinance No. 1927, dispensing with an election. 3. Ordinance No. 1936, annexing the territory. 4. Legal description and map 5. Affidavit of Publication and notice or posting The above items are copies of originals filed i'rimy office and they are correct, true and complete transcripts. Dated this /9-":;;' day of September, 1977 774-~ c1' ~o'?4d~ NarrE. Franklin, City Recorder City of Ashland, Oregon Subscribed and sworn to before me this day of September /9 , 1977. otd; t. 7l1~j Not Public for Oregon My ommission expires .;z. 7-l? / " ~:#"I CITY HALL \ ASHLAND. OREGON 97520 \ telephone (Code 503) 482.3211 \ GARY L. PRICKETT ALLEN G. DRESCHER DONALD LAWS ROLAND McCANNON BONNIE HAMILTON DEAN PHELPS JAMES M. RAGLAND BRIAN L. ALMQUIST C I T Y o F ASHLAND September 9, 1977 \ ! Secretary of State State Capitol Salem, OR 97310 Dear Secretary, The City of Ashland has approved annexation of certai.n contiguous territory to the City of Ashland. Enclosed are the following documents: l.~ Copy of consent to annexation. 2.- Ordinance No. 1927, dispensing with an election.. 3.- Ordinance No. 1936, annexing the territory, together with legal description of Oak Knoll area. 4. Affidavit of Publication. s. Affidavit of notice posting. I trust that this will comply with the filing requirements of State law. Cordially, 71 d-~? p: &-~/~-~- Nan E. Franklin Ci ty Recorder NEF/amt M.yor Councilmen Councilman Councilmen Councilwoman Councilman Councilman City Admlnlltr.tor ~#-/ GARY L. PRICKETT ALLEN G. DRESCHER DONALD LAWS ROLANO McCANNON BONNIE HAMILTON DEAN PHELPS JAMES M. RAGLAND BRIAN L. ALMQUIST C I T Y o F ASHLAND C I T Y Mayor Councilman Councilman Councilman Councilwoman Councilmen Councilman Clly Administrator HAL L ASHLAND. OREGON 97520 telephone (Code 503) 482.3211 September 9, 1977 Jackson County Assessor Court House Medford, OR 97501 Dear Sir, The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland. Enclosed are the following documents: 1. Copy of Ordinance No. 1936 annexing the area. 2. Legal description of Ashland Hills Annexation. 3. A copy of the certified map of the territory annexed. I trust that this will comply with the filing requirements. Cordially, #'-- . /7/lAu 0 7~ ~A-L-.- Nan E. Franklin City Recorder NEF/amt '1'-/9-77 , ~~~ ~~~~ ~.7/"~ ~#./ GARY L. PRICKETT ALLEN G. DRESCHER DONALD LAWS ROLAND McCANNON BONNIE HAMILTON DEAN PHELPS JAMES M. RAGLAND BRIAN L. ALMQUIST C I T Y o F ASHLAND C I T Y MIYor Councilman Councilman Councilman Councilwoman Councilman Councilmen City Admlnlstrltor HAL L ASHLAND, OREGON 97520 telephone (Code S03) 482-3211 September 9, 1977 Jackson County Surveyor Jackson County Courthouse Medford, OR 97501 Dear Sir, The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland. Enclosed are the following documents: l~ Copy of Ordinance No. 1936 annexing the area. 2.- Legal description of Ashland Hills Annexation. 3../ A copy of the certified map of the territory annexed. I trust that this will comply with the filing requirements. Cordially, 71~~ -;t -7-.-tJ<-~~~ Nan E. Franklin City Recorder NEF/amt 7'-19- 77 . ~d'~ 7~r~ ~.;7X-'''e./J --,-------- ~~/ GARY L. PRICKETT ALLEN G. DRESCHER DONALD LAWS ROLAND McCANNON BONNIE HAMILTON DEAN PHELPS JAMES M. RAGLAND BRIAN L. ALMQUIST C I T Y OF ASHLAND C I T Y Mayor Councilman Councilman Councilman Councilwoman Councilman Councilman City Administrator HAL L ASHLAND. OREGON 97520 telephone (Code 503) 482-3211 September 9, 1977 Jackson County Clerk Court House Medford, OR 97501 Dear Sir, The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland. Enclosed are the following documents: / 1. A copy of Ordinance No. 1936 annexing the area. 2. ~ A legal description of Ashland Hills Annexation. 3../ A copy of the certified map of the territory annexed. I trust that this will comply with the filing requirements. Cordially, Y)~ 6' yr;a4~;~ Nan E. Franklin City Recorder ,< NEF/amt 9'-I'1-? "7 ~c'~(J.('}'~I-.s.) .4#~ "/-7 , E~,./ ,de."".p- ~#I GARY L. PRICKETT ALLEN G. DRESCHER DONALD LAWS ROLAND McCANNON BONNIE HAMILTON DEAN PHELPS JAMES M. RAGLAND BRIAN L. ALMQUIST C I T Y o F ASHLAND C I T Y Mayor Councilman Councilman Councilman Councilwoman Councilman Councilman City Admlnlltrator HAL L ASHLAND. OREGON 97520 telephOne (Code 503) 482.3211 September 9, 1977 State of Oregon Department of Revenue Assessment & Appraisal Division Salem, Oregon 97310 Dear Secretary, The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland. Enclosed are the following documents: ./ 1. Copy of Ordinance No. 1936 annexing the area. ~ 2. Legal description of Ashland Hills Annexation. ,/ 3. A copy of the certified map of the territory annexed. I trust that this will comply with the filing requirements of State law. Cordially, >j/t"v'? ~a~~ Nan E. Franklin City Recorder NEF/amt q-/9-77 ~ ~ a.rf'<t 7 ~n'i' / b:J"'" ~ -- '-;I-p~, -~-~~,-------- ~-#c/ RONALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONEER STREET P. O. BOX 727 AREA CODE 503 TEL,EPHONE 482-4215 ASHLAND, OREGON 97520 August 24, 1977 Mrs. Nan Franklin Ci ty Recorder Ci ty Hall Ashland, Oregon 97520 Dear Nan: Re: Ashland Hills Annexation Our File A-114 if' '/_/ p/::- The Agreement in the above matter must be recorded and after it has been recorded please forward to me a photo- copy of the recorded Agreement showing the recording date. Very tr ~D L. TER City Attorney RLSjdl ~uP#/ (I , ....\ ..1 a;1 , I '{'7 -18029 AGREEMENT ;3:/(" TillS AGREEM!'NT, made anu entered into this 2-!?'! day of /lac:,u;s T . --'---~----------", ------ , 1977, by and hetlveell the CITY OF ASJILAND, a ~Iunicipal Corporation, hereinafter called "CITY", and DONNA P. lVOOLLEY, hereinafter called "WOOLLEY": 11 I T N E SSE T II RECITALS: --. 1. Woo 11 ey IS the Olvlle r 0 f rea I IHo~)crt y lOC<I t ed in ,J a cks on County, Oregon, and which is aujacent to the City of'Ashlanu, and more particularly uescribed in Exhibit "A" attached hereto and by this reference incorporated herein. 2. Woolley wishes to develop the land as a motel-restollrant complex and p:lfking area therefore, and in order to do so, it IS her desire to have the land annexed to the City of Ashland so that it may be afforded City Services, including, hut not limited to, sewer, water anu electricity, NO\'!, TIIEJ{EFOJ{E, in consiueration of the foregoing Recitals, and of the mutual covenants contained here in, it is agreed hy and he t wee nth e par tie she r (' t 0 a s f 0 I 1 OIv s : TlllNGS TO BE DON!' fn liOOLLFY: I, She agrees to I"])' to the c.ityof Ash 1:11](1 , the sum of one (10 cent per '''III;lre foot for the LInd descrihl'd ill Ih,' foregoing Reei tals, and that this totals t3672 ,II, and that this sum shall he P;I i din full 111 c;lsh to the Ci t)' upon I hl' Agreement -1- ,/.?' # ~ /f/-/oo ,', ;;2 7"-<J ~ vi l'__ , ~~"",_l_ .~. ",' , - ,:;-,--<< C"'''-<-I !.~', "'/.-.{/ /~ "- ':.. .."i (~ ~t-?t.ep # ( 'i 7."'" "/'1-18029 , H :1 , I . .' execution of this Agreement and is in payment to the City for the cost' or City utility facilities that have he en paid for hy the taxpayers of the City of Ashlanu and which s]la11 benefit the above descrihed land. 2. To develop the above described I <lnd as a motel- restaurant complex and parking area in accord with all existing state and city laws, and when the two may be in conflict, then -. in accord with the more restrictive law. 3. The land descrihed ahove shall he maintained in accord with the foregoing requirements and all provisions of this Agreement and in accord with the ];]ws of the State of Oregon and the City of Ashland so long as said land is used as a motel- restaurant complex anu parking aren therefore. 4. So that the City mny provide underground electricn] services to the subject property, 1Voolley agrees that she llill dig the necessary di tches on the i r pronerty, ~lnd j f the so i 1 is rocky so that conduit is required in the judgment of the City, then she will reimburse the City for the cost of such conduit, and after the line is insta1.1ed, then Woolley wi II backfill the ditches. 5. To develop the suhj ect 1 :lnd ns a motel - rest:lurant complex and parking area therefore ill 'lccord wi th the plnns on file with the City of Ash1:111l1 :llld which he,ll' the si,'.llnlure Agreement - 2- -,-- -. ---- ~-#-I ; 'N:-18029 .. " of the parties hereto; and, further, that the land will not be used for any other purpose until such development is con- structed. This restriction on the use of the land shall terminate after a 200 unit motel has been constructed. 6. Upon execution of this ^crccment, Woolley shall pay to the City of Ashland the sum necessary to compensate the City for assuming the land's indebtedness for bonded obligations issued by the Jackson County Fire District No.5. Such sum is in the amount of $ 7&. .2~ RBm.. ... ---~_.- - 'i/ ""'0 THINGS TO BE DONE BY TilE CITY: 1. To furnish City utilities services, including water, sewer, and electricity to the land described above if said land is annexed to the City and then within a reasonable time thereafter and from the request for such services being made by Woolley. 2. To schedule and hold the necessary public hearings relative to the annexation of the above described land, and its withdrawal from Jackson County Fire District No.5. GENERAL TERMS: 1. If the City, within one hundred ei~;hty (ISO) days from the date Woolley has complied \Vith all conditions contained in the Ordinances pertinent to this project, has not annexed the above described land, withdrawn it (rom the Talent Rural Fire Protection District, chanpprl its zone classification to C-l, Agreement - 3- ~#I ----r-----...-- '1'1-18029 ~.. . I " ; amended the Comprehensive Plan and granted the Conditional Use as may be necessary to allow said property to be used for the intended purpose as stated, Woolley, at her option, may declare this Agreement null and void and all monies paid into the City by Woolley shall be returned to her. 2. All determinations or approvals which by the terms hereof are required to be made by the City of Ashland's ag~nts or commissioners, shall be made wi th reference to the standards set forth in the Ashland Building Code or the conditional use permit issued by the. Planning Commission, laws of the State of Oregon, or the City of Ashland and the terms of this Agreement. 3. The real property described in Exhibit "B" shall not be used for other than residential as it now is, or for parking, landscaping or tennis courts, without prior consent of the City. 4. The real property described in I'xhibi t "C" shall not be used for other than parking and landscaping, without prior consent of the City; 5. It is agreed that the burdens imposed by this Agreement on the land run with the land, so as to be binding on its future owners until the land is developed as a motel- restaurant complex and parking facility as required bereunder, then such burdens shall terminate, excc!)t as to th,os.e imposedA:Jf.) \.,~1...... ~"'",-<<I!\. v~ ttv.A M.e- vriOlI) 7'~ under paragraphs 3 and 4 above i\ "hi ch s~)~111 cant inue untIl consentt7 from the City Councel shall he received to terminate or alter the same. Agreement -4- ~#( ---y-------_..."._.~ ',,? -18029 . . , " " 'I . . IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the date first above mentioned. vO?-'/7/7"~O.~--c--t'e.~ Donna P. Woolley - CITY OF A.'oIlLAND, by and through its officials By _ffi~()/{.JJ?JL~________ ~~-~it~~-.,--NaJ_. /!.o/"'."" /77" C2.H70h > Acd,,:.J t77~.'/dr By _.'2/'),.~./ ~ 4d~~-' _ _ NaTf'1:ranklin, City Recoraer Agreement - s- ~~-/ .-- 'O____ _ ';'?~18029 , . . .' .. , ~, ., . .' STATE OF OREGON ) ) County of Jackson ) On this ;;13d day of Auc;.us, , 1 ~)77, bc forc mc J?OLArUo 111(2. CA-,u,ucv;r----m ...---,-.- appeared c.1,W: J~~t€l\l:rr and NAN FR^.NKLlN, S5. knO\vn who (PC C A,u""'t:hU 'JlR+C~ , heing duly swon, did sa)' that he, hoth to me personally /Co L-,<:.WD the s" i d f:\:~~-: is the llayor, and she, the said NAN FRANKL1N, is the City Recorder of the City of Ashland, the \vithin nal'led IluJlicipal 12"LAt/D me (lA-tU,VoAl Corporation, and the said 'C'.I~Y L. PI,1[::1"1'4. and NAN FIU\Nld.ni' ,;'\1.110/,., .e'a'~lv\ac~~'o''') edged //~. 'j':.>::~.",:':~-~.,,~~~_\~ I, ::-{r'c~O 'i' A ;-s~i.';J. I:;i t Y . n.: ., L~; ::':~';';~': i " ~ , ';;".... .() /J'El :~\t, :, = \::<\;~~""~' -' < ~.....::~"f \.', .~,' /' ~ " '.... (" <(..'-"; " '" "'-, , Or- f'j\' ,.' "-.. ....".".":,,..... to me that the s"ld Agrecl'lent was the free ~<1illC' II)' cOJllmission '- aa~ . fa ):~ ()reg'oI1'--7- .- expl res :._______ County oC Jackson ) ) ) Ill, 00":",,,,,-,,-,,, , . ""0'0" :XP;;?ES JUNE 14, JY1U STATE OF OREGON S S . ilE 1T RU.IEIIBEliED that on thl s ._II_~ lby of ..llxj-J./..i.:o l~)77, before me the undersi gned, a Notary I'ub Ii c in and for s" i d Count)' and State, personally appe'-lred the within n'-lllled DONNA P. WOOLLEY, \Vho is kno\.m to me to be the identic;)l individllaJ "bo execllted the IVithin instrument, having ilcLno"Jedged to me Ih"t she executed the S;lIIIC freel)' "nd vnlllnt:lrily. IN WJTNI'.SS \Ylli:l~U)I', I h;lvc hcrellnlu set III)' h;II1\1 ;111<1 ol'I'ici;i! sea~....the dilY and yea r ...... \^. I' ". .,' \' """'~I.- '. /{~ ~....:.., ~'. _:"'~-tP~~.\. ;: -..;:' ;0'1' it}:-, ,-;.:. {. ~ .~. {, \': '~:;'~::~i.i.1 y . ~ \ ;"'....;' l)U Q\..\G f'-' 0 \-~-'~ \,'(~ ~",:, ;.:-"- . ~ ..............": / \ {";." '.i>.. .... .....l'~ / \ ""'..';,~,?'! .,;;,. ".\'~'{,.."'./ . .,.' "t. J as tab () v e '.v r i tt ell. I . ,,~./la{/y_f/7. j!:t'fl?t/. _ ...._oum_ IJot;lry PlIhi ic fof. Oregon tly commission expires: >,-r" ~ :...~ s;..? :..-..-.;', ."1)\';:'.:-,' :.1<.. L. ~ >::.... ^greement - 6. (h(/~ -# I .' , I I , , I 7 L_~_ '7'7-18029 \ 1 The estate or int~ .st referred to herein is, at t date hereof, vest.ed in DONNA P. WOOLLEY The land referred to in this policy is described as: Beginning at a point on the East line of Government Lot 10, section 11, Town- ship 390 South, Range 1 East, Willamette Meridian, Jackson County, Oregon which point bears North 00 II' East, 268.34 feet, from the southeast corner of said lot, thence continue along said lot line, North 00 11' East, "150.0 feet, thence East, 130.0 feet; thence South 00 11' Nest, 101.1 feet; thence South 690 27' West 139.35 feet, to the true point of beginning. (Tax Lot 7001 , Grantee th~ following described real property free of encumbrances except. as specifically set forth herein situated in Jackson County, Oregon, to-wit: . Co~mencing at the sec- tion corner common to Sections 11, 12, 13 and 14, Township 39 South, Range 1 East, Willaroette Meridian, Jackson County, Oregon; th~nce North 450 OQ' East, 87.59 feet to a point on the Northeasterly right of way line of U.S. Highvlay No. 66 for the true point of beginning; thence North 450 00' East, 7.61 feel: to the South- westerly right of way line of East Main Street (extended); thence North 380 56' West, along said street line, 1450.15 feet, to a point on the East line of Gov- ernment Lot 10 in Section 11, said Township and Range; thence South 00 11' West, along the East line of said lot, to a point which bears North 00 11' East, 908.34 feet from the Southeast corner of said lot (said point being the Northwest corner of tract described in Volu~e 422 Page 19, Jackson County, Oregon, Deed Records; thence South 5lo 45t East, along the Northerly line of said tract, 171.40 feet; thence South 340 52' East, 236.30 feet, to the Southeast corner of tract des- cribed in Volume 403, Page 227, said Deed Records; thence West, along the South line of said tract, 270.0 feet, to the East line of said Lot 10; thence South 00 111 West, along said East line, 190.0 feet, more or less, to the Northwest co~ner of tract described in Volume 504, Page 199, said Deed Records; thence East, alnng the North line of said tract, 130.0 feet, to the Northeast corner thereof; thence South 00 11' West, along the East line of said tract, 101.1 feet to the Southe,st corner thereof; thence South 690 27' West, along the Southerly line of said tract to the intersection of said line with the Northerly right of way line of said Highway No. 66; thence along the arc of a 471.68 foot radius CUlcve right (the lon.g chord of which be3.rs SOU-t11 S5Cl 53' 3C" East, 425.95 feet) 441.94 feet; thence South 590 03' East, 434.60 feet, to the true point of beginning. (Tax Lot 400) EXHIBIT HAil ~#/ .,- ,... '{,7-18029 The estate or interest referred to herein is, at the date herof, vested in DONNA P. WOOLLEY The land referred to in this policy is described as: Beginning at a point on the East line of Government Lot 10, Section II, Township 39 Sou!=h, Range 1 East, Willamette Meridian, Jackson County, Oregon, which point .bears North 00 III East, 268.34 feet, from the SouthE~ast corner of said loti thence continue along said lot line, North 00 III East, 150.0 feet; thence East, 130.0 feet; thence South 00 II' West, 101.1 feet; thence South 690 27' West, 139.35 feet, to the true point of beginning. (Tax Lot 700) EXHIBIT HBII ~#/ ----r--------'~-"_.."- 'n~18029 Commencing at the section corner cornmon to Sections 11, 12, 13, and 14, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, thence North 450 00' East 95.20 feet to a point on the Southwesterly right of way of East Main Street; thence North 380 56' West alon" said right of way 1450.15 feet to a point on the East line of Government Lot' 10 in Section II, said Township and Range, for the 'l'nlP- "Point- of Rp.qin'~ thence South 000 11' West along the East line of said lot 286.04 feet to the North- west corner of a tract described in Volume 422 Page 19, Jackson County Deed Records; thence South 510 45' East along the Northerly line of said tract, 171.40 feet; thence South 340 52' East 236.30 feet to the Southeast corner of a tract described in Volume 402., Page 227 said Deed Recolds; thence East 204.66 feet to the Southwesterly right of way of East M.ain Street; thence North 380 56' West along said right of way 753.37 feet to the true point of beginning, containing 2.13 acres, more or less. {Portion of Tax Lot 400} Jackson County, Oregon Recorded OFFICIAL RECORDS 3:/~ AUG311977,P.M. HARRY CHiPMAN CLERK and RECORDER By-/--flnr<-tfl4 ~ EXHIBIT "e" ~#/ ,; / .~..:- ~~~ .J ~0L-I&Q...- -'1 .\:'illT X\"j) n!U~" r"x, ['\1'. !1w " ,;,; c-; -;,:,,,.- '); ,',,], , E <,:r,. , J " ..'" , ',' "":i t_v f I' l' I ':: I " ,- I ) I.,) ,r e" , r t.:. >~A:', <2~t '..:H. ~"'Ai:-.l "'~ ",' j".:;'! ...,", ,. "< .> : 'I'J .. J " f'" I" . " ,\ .) " r. ',,\,/ I>' /1 (~ ,) ./', ~, 11'IJDO 10 2'" 2': 1, 2l0"'lJlJ 2 2': fJ!, '. lJUD 5 1~1J ~il' i2i0~A~'~U L & t1~ //J -c:zti> 'JCJ ,\SIILIXD HILLS 1:'\ x, Isc. i\.", , I j'n J ;:IE .~ (q\'~)FI"':(lF ; -i! ~ 1_, ~'~~~ __ ~1.. ~':.... ?i:2>,_~~c. . ,'- ,,-, d .-,/ r: 'jl _/"oJ ~C/#7tJ~9~ ;.~ '':;',_:_~.:jt Fi~l'r{;:5-:j";!~ "1' ~:~ i'i)lS ,~::::I 7ei)' " , . ~ " GR:,;'" 0',;0 <,kCH. :'~J.TN :.,'}~ . ..~':- L--..,."...:-r::: I.~~~ " 1- , li...,..11 .;:1') ,,:,(,,.! ;_:,~ ","""'I rC.'JA_ :::!ANK, -'"'Or-: D~~r::~;;ON ~/(~~~~;-I.,L _:'."-""'-5"~~ 1,'mJ!J HJ &1" "': . 230'''0022': Olo'. J -/=.-.:.-:, .'- ;,tJLddz~r- ~ ~#.5 ~ ' { . '2 ~, , Wi I p~ ,'..1' {! 1 Q2 .! . ~ .~ :1 ! "')4 ,j 230 'j' .~ .~ _$ 3,_(,f?)\ ;: , //'~/> / '~~:;:'l ", ,/ '-" t . ~ ' I I . ; -.-r/ "/:'J i'-/ ~.:c:-...:';:-:~"':'-L1./'-~ '../_""'-'/;:~'-:-:~'" /'-':~?_ OCJfJ5 CJ[Ji,iil _JJCLJ,.\ '.::'; " " , \ ~ t}/7;7 .'1' " :t01 . f'1, ~ ~ , " Hl i ";0 :1, 't ~ ',:1 , ,. s ~ tl 1)!)T L\I~S ~ :,: ii , " ~I ~ " , . ," 4. I~ LJ/-9~?J~C;Z:7j Be-Ji7 ?tJ~Y!/ ~Y.7 -----r---.----.---..-- ~"'*"/ -"'/<~", '';,',.' /l'::..'./?})" 1\1 Oill))\!,-;CE l,:':E\imC (:F:i)J\\~CE ~O. ]361, 1m: W~rNG ORDrmo: OF THE rIrt OF ASH- ]J.ND, TO RUO"E ct:RTAIN ?iWPF:R']'Y PRO:1 ITS /:0:": ])\:S ICNA'IH1" AS IT EXIST}.D 1,:HrN SAID r;~OPt:RlY \':A5 OUTSIDE Tm: CITY LH1l1S Of AS]jL\~D TO r:ST:\BL1SH SAID PRCPLkry lIS BEIN~ lNE C-l "CO:-,:-iERCTAL.REfAIL DISTRTCT". (ASHLAND HTLLS AN:,EXATTON) . 'LIE PEOPLE OF THE C1'lY OF ,^,SHLPND DO ORDAIN AS FOLLm,s: SECTION 1. Ash12nd OTllinance No. 1361, the Zoning Ordinance for the City -------,.-.--~ of As111nnrl,--~s hereby 27~endcd to rezone the fo],lowing described property to C-l t\~u! '""J~l-cial"Ret:ail District, II to '.Jit: Cm.'fTIC:!1C1.ng at the section corner COiIL,lon to Sections 11, 12, 13, ;-md Ilf, TO~';;i1ship 39 South, R<~llge 1 E:1r-;t of the \.JilL~j.jette Me.rid- fall, Jackson Co~nty, Orrgon, 1:11~nc2 North 4ScOQ' Ei~st, 95.20 feet 10 .'1 point OIl tl1c SuutT-:'.,'(>ster1y ri2,llt of ,,'dY of E;-:st gain Strc:et, for tll2: True Point of Dr:giilll)ilg; the'llce :\"orth 330 56t Hest al(ing said ri~lt of ~ay 1450.15 feet, to a POi:lt on tIle E~st 1ille of GovfTnT:l.ent Lot 10 in Section 11, srlid To\ynsilip .3nd 'R,....1~)Se; thence South OCP 11' ":est, along the East Une of said lot, 286.04 feet to the North'.ycst rcrrler of tr~~t described in VOlllj~e 422 Page 19, ,J;';.cKson Cou!-Jt__Y D,-:;:c;d :r-:'t?C0:'~-i1S; tLr:iH::e: SonLh 51045' E,-;st, alc,.lg the Northerly line of ,:aid tr.1Ct, 171./"0 f('et; thc,nce South 34052' East, 236.30 feet to the Southeast corner of tract described in Volu,ne 1,03, Page 227, said Deed Records; thence Hest, along the SOtlth line of said tract, 270.00 feet to the East line of said T~t 10; thence South 00011' Hest along said East line, 405.14 feet to the Southerly right of "ay of High"ay No. 66; thence North 670 17' East, along said Soutllerly right of way 1~6.04 feet; thence along the arc of a 411.68 foot radius curve to the right (the long c1lOrd of "hich bears South 8'f 53' 30" E3st, 371. 77 feet) 385.72 fcpt; tLr:nce South 59003' E2St, 620.45 feet to an intersection with the p:cojcctcd S01Jth,.~'csterly !:"i:sht of ",ci3.y of East }'135_D Strc--(.t; thence North 38056' Hest, along said projected right of ',cay 195.94 feet more or less to the true point of begillnin8~ containing 8.43 acres 1;)Ore or 1 e55 . EXCEPTING niEREFi\OH, the follo\,ing described real property; Bcgin- nillg at a point on the East line of GoverDTh~nt I_ot 10, Section 11, TO\\7DShip 39 South, Range 1 East, Wil13mettt- "Heridian, Jackson County, Oregon, which point bears North 0011' East, 268.34 fept, from the South- east corner of said lot; thence contin\le along said lot line, North QOli' East, 150,0 feet; thence'East, 130,0 feet; thence South 0 11' West ]01.1 feet; tl1cDce Sc.uth 69027'- :~est 139.35 feet, to the trlle point of beginning. _S}-<~CI_I_O_N. 2~ Thjs Ordin21lCe slJ211 take effect 2nd be in full force and effect not less than 30 days from Cind after its p3Sf"age 2nd approval by tl1c j1ayor an~ after recpipt of an Affidavit or other proof satisfactory to the City that a valid contract has been entered into for the constrllction of a }iotel in accord with aD agrec,,,..-::nt beth'(-en tlH~ City or As'hland 3nd the developers of J\8111and Hills; hO....I(:ver, if such proof is not rec~i ved h1i. thi n t\~,o (2) yeaTS fl'om tne da te of the P,ls!':',<-'l.ge of t}d s Ordinance, thj s Orc1in;1;1ce s11,111 be null ~nd void. TIle forcgoillg ordiJlanCe ~as first read on duly PASSED :md ADOPTED this/6T" day of . 7l>~"J ;f ;:;;,..,,:-?c';;/~ . ;:;~n V-=. Frallk]jn, City R,~cordC'r d SJ C;FD ;,nd Al'PRO\'ED thi s;;:3 day of . _ /1~_,!~_.f-__ . ")",d' the ;-< 0'- day d<j.:~r_=__, of___fl ~"sf_o, 1977. 1977 and ,1977l2c~~d~Jl1"_~~n Roland HcCannon Connc j 1 Clla irri":.an COTTLE: & HOWSE:R RICHARD C. COTTLE THOMAS C. HOWSER ATTORNEYS A.T LAW 607 SISKIYOU BOULEVARD P. O. BOX 627 AREA COOE 503 TEcLEPHONE 482-2621 RONALD K. CUE ASHLAND, CREGON 97520 July 27, 1977 Mr. Brian Almquist City Administrator City of Ashland Ashland, OR 97520 Re: Ashland Hills Inn Our File 5466 Dear Brian: Enclosed herewith you will find the proposed Findings of Fact based upon the evidence produced at the Public Hearings with Ashland Hills Inn project. If you have any questions concerning these please contact me immediately. Yours very truly, ~TTL HOWSER & tUU4PTON ../~~~ 1chard C. Cottle RCC/sw Enclosure cc: Mr. Noel Lesley Ms. Donna Woolley l2/ ~t4//~/':;r #/7 :tu p /1. 7'7 i2n-JU4.- #/ ~/.'p P' /1- ;17 . \ BEFORE THE COUNCIL OF TIlE CITY OF ASHLAND, O~EGON \ , In the Matter of the Application ) ) of ) ) ASHLAND HILLS INN, INCORPORATED ) ) RE: ) ) Comprehensive Plan Change No.8; ) Zone Change No. 52; Conditional Use) Permit No. 191 and Ashland Hills ) Annexation. ) ) ) FINDINGS OF FACT The property involved in this matter is located near the Northeast quadrant of Highway 66 and Interstate Five (1-5), shown on the Jackson County Assessor's Map l4A as Tax Lots 400 and 800. It is the stated intention of the applicant to construct a 200 unit motel-restaurant-convention center complex in two stages, the first to consist of all but 40 of the motel units, with those to be completed at a later date. Tax Lot 800 would contain the motel-convention center, restaurant-swimming pool improvements, including motel occupant parking, with Tax Lot 400 being utilized for additional parking. As to Tax Lot 400, this involves a change of the Ashland Comprehensive J?lan from Medium Density Residential to "Highway Commercial", a change in the Zoning Ordinance from RR-5 (Rural Residential) to C-l (Commercial Retail). Approval of a Conditional Use Permit for use as a motel, and approval of the project's site plans are additional requirements with regard to both Tax Lots 400 and 800. -1- Findings of Fact ~#" .________._ 1'-;, '::!::!... Evidence in the form of testimony from witnesses, documen,ary I , evidence and a report from the City of Ashland staff members, was submitted before the Planning Commission at its public hearings held on April 11 and May 9, portions of which were incorporated as part of the record of the public hearing held before the City Council on June 21, 1977. The Applicants appeared in person and with legal counsel, as did opponents of the applications, several witnesses testified and documentary evidence was introduced into the record. Based upon their consideration of the testimony and the record herein, the Council of the City of Ashland does hereby make and enter the following FINDINGS OF FACT 1. Goals: This property is located in a transitional area of free- way-oriented commercial establishments and semi-rural residential development. Immediately west and adjacent to the property is a Texaco service station; directly across Highway 66 which runs adjacent to and southerly of the subject property, there is a Standard Oil Service Station and a Country Kitchen Restaurant with adjacent parking areas. Imwediately South of the Standard Station is a produce warehouse for a trucking firm. Immediately West of the Standard Station is a Motel 6. All of said improve- ments are on the Easterly side of the 1-5 and Highway 66 inter- change, as is the subject property, and lie within several hundred yards of each other, and are either already within, or lie in -2- Findings of Fact tLn.4CU.- "# / the Oak Knoll Annexation area, presently being annexed into the\ I " City of Ashland in proceedings separate from this one. Tax Lot 400 of the subject property lies outs~de but immediately adjacent to the Ashland City Limits, being 7.5 acres zoned as Rural Residential (RR-S) and designated as medium density residential on the Ashland Comprehensive Plan. It has frontage on Highway 66, as well as on a public road commonly known as East Main Street, and the two highways meet to form a triangular boundary at the southern part of the property. It surrounds on three sides a residential lot, now owned by the applicant, but which is known as the "Gettling property", shown on the Assessor's Tax '.lap as Tax Lot 700. That parcel is .38 acres in size and has a residence located thereon, and it is the stated intention of the Applicants to remove that subsequent to the beginning of construction of the complex. One side of that property has frontage on lIighway 66, and its present access is from that Highway over the subject property (Tax Lot 400). The northerly boundary of Tax Lot 400 is adjacent to an improved residential lot known as the "Neely property" (shown as Tax Lot 600 on the Assessor's Map). Tax Lot 400 also extends northerly to East Main Street and lies adjacent to the northeasterly boundary of another residential lot known as the "Johnson Property" (shOlm as Tax Lot 500). That portion of Tax Lot 400 lying between East Main Street and the Neely and Johnson properties is lower than the elevation of the latter properties. Neither of the residential properties of Neely or Johnson, has an area as large as one acre. Neither are the lots serviced by public utilities of water or sewer, but have their own individual -3- Findings of Fact drilled wells and septic tank sewage disposal systems. Tax Lot 800 is currently served by a 10" sewer line and an 8' water main located under Highway 66. Tax Lot 400 could be served by a 12" water main located under East Main Street. Across East Main Street lies property presently zoned RR-S, but which is bordered on the further side by the Ashland Airport. Diagonally across East Main in a Southeasterly direction there is a heavy equipment shop owned by George Bros. and another storage type building is to be constructed adjacent to that in the immediate future. South along East Main and Highway 66 is the Oak Knoll Golf Course, a public owned 9 hole golf course, surrounded by a highly developed residential area. That development is less than a mile from the subject property and is presently being annexed into the City of Ashland. Access to the Johnson and Neely properties is by an easement of record, across Tax Lot 400 from Highway 66. The soil types of the subject property were considered to be pertinent, but are more relevant to the use and development of the site as was revealed and reviewed when the Site Development Plan was presented, as was the case with the deeded easement of ingress and egress above mentioned. 2. Adherence to the Goals for Comprehensive Planning: The neighborhood is presently surrounded by traffic ways which undoubtedly receive fuel-emitted pollutants, but the degree thereof is found not to be substantially increased by the proposed -4- Findings of Fact use. It is recognized that the prevailing winds in the Ashland area blow from Medford, about 12 miles northwest of Ashland, bringing much more noticeable amounts of "smog", smoke from smudge pots used in the orchards, together with other types of air pollution. The instant property is usually subjected to wind currents, as mentioned by the manager of the airport, which would tend to keep the air arising from the immediate area circulating. The air pollution problems of the Ashland area will not be substantially increased by the proposed land use changes now before the Commission. There is a natural water course existing on Tax Lot 800 which has and will continue to adequately drain the property, and such was or will be considered more fully in the review of the Site Development Plan. The land involved has not been used for agricultural land, and no new residential homes have been constructed in the immediate neighborhood for several years, notwithstanding much construction of that nature has occurred in the Oak Knoll area, a short distance south thereof. The area has steadily been developed, instead, into commercial properties, oriented to highway traffic oriented businesses as evidenced by the service stations, motel and restaurant and other businesses mentioned before. In 1973 Tax Lot 800 of the subject property was rezoned for use as a motel-convention center complex and annexed to the City of Ashland. The proposed change in use designation would adequately protect the natural and scenic resources of the area and at the same time provide for the rec- reational needs of the citizens of the State and visitors. The location of a complex of this nature on an interchange of 1-5 would place it in the midst of widely recognized recreational -5- Findings of Fact and scenic areas of the State, such as the Lake of the Woods, Emigrant Lake, Fish Lake, Howard Prairie Resort Area, Hyatt Lake, Mt. Ashland Ski Area, Crater Lake, and the Rogue River. The land involved, being enclosed in a rather small triangular area by 1-5, Highway 66 and East Main Street, contains no prime farm lands to be preserved for the production of crops. It is not subject to floods, landslides or other foreseen natural disasters, based upon its known history. The property is located so as to be available by the most usual modes of transportation presently used, that is, private aircraft (Ashland Airport), bus lines and private automobiles. It was indicated bicycle racks would be available, should that be considered a major or significant means of travel, recognizing the difference in economic costs and social and individual preferences among various modes of transportation. The convention center complex would provide areas of convenience to the local public, as well as out-of-area visitors. There will be, for instance, small and medium sized meeting rooms which will accommodate local civic club luncheons and meetings, as well as gatherings or social events, such as are generated because of the churches, Southern Oregon State College, Shakespearean Festival oriented activities, only to mention a few. Further comments will be made later on such, but at this point, they are made to indicate that this proposed use of the land will be a timely development of public facilities and services, will diversify and improve the economy of our area and the State, as -6- Findings of Fact well, and will tend to insure the development of the properties commensurate with the characteristics and physical limitations of the land. It is hereby found that the proposed Amendment of the Ashland Comprehensive Plan for Tax Lot 400 from Medium Density Residential to Highway Commercial would result in a Plan which considers and accommodates a substantial number of the State planning goals set forth in the Oregon Revised Statutes to an extent that the overall intent of such goals is adequately fulfilled. 3. Compliance with Comprehensive Plans: Tax Lot 400, an area of approximately 7.5 acres, is presently zoned RR-5, Rural Residential (5 acre minimum lot sizes) and is designated as medium density residential on the present Ashland Comprehensive Plan, and as Highway Commercial on the proposed Revised Ashland Comprehensive Plan. Tax Lot 800, an area of approximately 5 acres, is presently within the Ashland City boundaries, and is zoned C-I, (Commercial- Retail District) and designated as Highway Commercial on the existing Ashland Comprehensive Plan and retains the same on the proposed Comprehensive Plan of the City. The proposed change in the Plan to designate the area "Highway Commercial" is consistent with the present designation as it exists on the Jackson County Comprehensive Map, in that the exterior boundaries of the area designated thereon as "Interchange Commercial" includes a portion of Tax Lot 400, -7- Findings of Fact or is so close as to be imperceptible. Under the City's designation of "Highway Commercial" areas, they are "intended as districts that provide for... motels ... restaurants, etc. This district should restrict itself to those uses and other closely allied that provide services to the arterial or highway traveler." (Ashland Comprehensive Plan, page 13). This is consistent with the Jackson County Comprehensive Plan's test relating to "Inter- change Commercial" which states: "This district provides for the location of tourist uses which serve the traveling publ ic. Interchange developments are generally located at freeway inter- changes and at major arterial intersections." (Page 22). The continuation of the designation presently had under the Ashland Comprehensive Plan, that of "medium density residential", would be inconsistent with the Plan itself, in that its own definition of a "medium density residential areall, is one "similar to the normal subdivision, with an average of five (5) to seven (7) families per net acre", (Page 9). That is not possible on the subject property in light of the evidence produced. Furthermore, the area is presently zoned so that no less than ~ acres could be used for! family. Additionally, th~ Ashland Plan states: "The locations suggested for medium density residential have portions already committed for this development and because of terrain can logically continue along these lines." (Pages 9 & 10). This area before the Commission is not committed to such development and as a matter of fact, has not developed in that matter, but rather in a commercial trend. The facts determined elsewhere herein justify the conclusion that the proposed change in the Ashland Comprehensive Plan -8- Findings of Fact will insure the development of the property commensurate with its character and physical limitations of the land, being among the State's planning goals, and consistent with the orderly transition of the area from rural to urban land use. 4. Since Original enSl.ve Plan: Subsequent to the adoption of the Ashland Comprehensive Plan and the initial zoning of the area. om 1973 Tax Lot 800 was annexed to the City of Ashland and rezoned, and a conditional use permit granted to allow a motel-convention center to be con- structed. That conditional use permit automatically expired due to a failure to comply with its time limits as to certain of the imposed conditions. Subsequent to the annexation of Tax Lot 800, immediately south, across Highway 66, a restaurant has been constructed, and a Motel 6. The Ashland Airport made extensive improvements to accommodate a larger size and more numbers of aircraft. The Oak Knoll residential subdivision has increased significantly. A produce trucking warehouse has been constructed south of Highway 66, but within 300 yards of the subject property. As significant as have been these changes in the area is the lack of any new residential construction in the area bordered by 1-5, East Main Street and Highway 66, in which this development will lie. Such demonstrates the trend away from rural residential development of the area and the recognition of it being more desirable, from land use planning, as being oriented oward highway commercial uses. -9- Findings of Fact 5. Public Need: Historically, the major tourist attraction in Ashland has been the Oregon Shakespearean Festival. In 1967, the total attendance was 62,364. In 1976, the total attendance to the Shakespearean-oriented activities was 221,322. Testimony from representatives of that Association indicates its activities for the 1977 year have been expanded and an increase in the total attendance above that of 1976 is anticipated. These patrons utilize motel, hotel and restaurant accommodations. Southern Oregon State College increased its enrollment from 3,730 in 1967 to 4,510 in 1975. It is reasonable to assume visiting parents and friends will continue to use over-night accommodations in Ashland. Furthermore, the college has been the sponsor of different academic-oriented groups, attracting overnight visitors for those purposes. Ashland is also exposed to potential overnight visitors who are travelers on Interstate Highway 5, being the first city in the state for Northbound traffic. Testimony from members of the Ashland Chanber of Commerce, as well as from others including representatives of the Shakespearean Festival Association, revealed that overnight accommodations to meet this public need have not kept pace with the demand which has been and will continue to increase. This disparity between the ability to meet the need for tourist accommodation is evidenced by complaints received by such organizations as the Oregon Shakespearean Festival to the effect that all the local accommodations are occupied during their -10- Findings of Fact Summer Season, with the result that the cities of Medford and Grants Pass, Oregon and Yreka, California, as well as the other cities in the area, are receiving patronage of their tourist- oriented facilities as a direct result of Ashland's inability to meet that need. Such a lack of facilities has even been recently noted in a nationally recognized publication, the March, 1977 issue of Sunset Magazine. In addition, the City has officially noted that circumstance by stating: "One problem in Ashland's economy is a lack of adequate tourist facilities, requiring a large number of play-goers to travel to Medford. This results in an inconvenience to the visitor and fewer dollars spent in Ashland." Planning Commission Economic Development, Revision to Comprehenslve Plan, 10-13-76. It is a public need, not only as to the "tourists", but a need for the local public as well, because the dependency of Ashland's economy upon "tourist-oriented commercial development" has been well recognized. Likewise, the continued presence and growth of Southern Oregon State College is a major factor of the local economy. (Ashland Comprehensive Plan, Page 2; Planning Commission Economic Development, Revision to Comprehensive Plan, 10-13-76, page 1). One of the factors of continued success of the College is the ability to host academic seminars which, in turn, requires the availability of tourist-oriented accommodations. The present proposals of changing the Comprehensive Plan and the rezoning of Tax Lot 400 before the Council at this time will tend to provide a solution to this public need in the manner intended by the goals and policies of the present Comprehensive and proposed Comprehensive Plans. -11- Findings of Fact The addition of an additional 160 motel rooms will directly benefit the general public in the area of tax revenues and property tax levies, as indicated in the letter from the Ashland Director of Finance, generating $27,740 per year in hotel/ motel taxes based upon a conservative estimate of a 50% occupancy at $20 per day charge. In addition, the true cash value of the property, after annexation, would increase the levy of taxes for the Lithia Park, based upon the figures used in said report. The spreading of the property tax load over a broader base will tend to reduce the City property taxes, as would be the result with the School District property taxes, as revealed in the letter from Ashland School District No.5, also in evidence. The testimony of Peter Farrow, who has had experience in other areas in the field of convention centers and hotel businesses, indicated the economic impact of such business is substantial. His testimony was expanded by that of Thomas Jones, a faculty member of the business department of Southern Oregon State College. Mr. Jones had made a survey of such pertinent to the Ashland area. The money spent by visitors has been estimated to be $50 by each person each day; therefore, again based upon an annual occupancy rate of 50%, this would generate: 160 X 50% X 365 = 29,200 visitors multiplied by $50 equals $1,460.000. Assuming, as testified to, such expenditures "revolve" or are "passed on" throughout the community 4 to 5 times, such is a substantial contribution to the local economy, especially that -12- Findings of Fact portion which will be derived during the "non-Shakespearean" seasons as a result of anticipated convention business. The testimony from Mrs. Wooley was that the convention center complex would employ a minimum of 75 people. The monthly payroll is expected to be at least $25,000. Mr. Farrow testified that in his opinion Mrs. Wooley's estimate in that regard was conservative, This would contribute an additional $300,000 annually, and by applying the "turn over" factor of an estimated 5 times, would increase the utility of that to $1,500,000. The economy of Ashland presently needs assistance for the younger and non-skilled elements of the citizenry, which will be accomplished by the nature of the labor needed by the proposed development because there will be jobs opened for maids, waitresses, dishwashers, maintenance, as well as part-time employment in those and similar categories. 6. Other Available Land: The testimony of the architect, Ralph C. Bonadurer and Duane Venekamp, a certified land appraiser and realtor residing in Jackson County, was that there was no other land available from an economic and practical standpoint presently located within and zoned for the proposed use. Immediately West of and between the subject property and 1-5 lies property owned by Lorene Hale, a portion of which is presently under lease to the Texaco Company, and the balance is not for sale. Northerly of the subject property is property owned by Richard Kirby, which has no frontage access on either Highway 66 nor 1-5, and was not for sale when inquiry was recently -13- Findings of Fact made by the Applicant. Property across Highway 66, south of the subject property, owned by R.V. Voris was not available, and the owner has expressed an intent to use the same for a 96 unit motel of his own. West of the 1-5 interchange on the north side of Highway 66 near the present Knight's Inn Motel, there is a parcel of land, but having only 3.2 acres it is not of sufficient size to accommodate the proposed project; furthermore, it has physical limitations due to a deep gully thereon. Discussed also was a parcel located on Siskiyou Boulevard owned by Mr. Jacobs, which is too far removed from the Interstate Interchange, the selling price was not economically feasible and the surrounding terrain was not comparable from an aesthetic stand- point, in view of the over all plan of the complex. The area located on Highway 66 near the Bi-Mart store is not comparable in selling price, nor natural environment, and its being immediately adjacent to the Southern Pacific Railway tracks makes it un- desirable for such a contemplated use. There also was some mention made of a restriction against any business which would be in competition to the existing restaurant located adjacent to the parcel. There is no other property than the proposed site available with the same or similarly adequate area, physical conditions and proximity to the 1-5 interchange, all of which factors are necessary to accommodate the proposed project. 7. Affect on Adjoining Land: The land immediately north of the subject property, the Kirby property, will not be adversely affected, since the -14- Findings of Fact , immediate adjacency consists of pasture land, with the improvements located a considerable distance away toward East Main Street. The land immediately West is leased to a Texaco Service station, and the proposed use will be both an economic benefit and be more of a fire protection than the relatively delapidated house and overgrown grass and weeds presently occupying Tax Lot 800. The properties immediately South, across Highway 66, being all highway commercially oriented businesses will be benefited in the same manner as will the Texaco Station, as mentioned above. Letters from the owner of the Standard Service Station and the manager of the Country Kitchen substantiate this fact. The Oak Knoll Golf Course, although not immediately adjacent, is in the immediate "neighborhood", and the proposed use will increase the use of the golf course to its economic benefit, as will be the result to the Ashland Airport also in the immediate neighborhood, as testified to by its manager. Don Skillman, the owner of property lying immediately across East Main Street from Tax Lot 400 testified he felt it would increase the value of that property, as well as the entire neighborhood. The owners of the Neely and Johnson properties expressed concern for the anticipated traffic noises. However, their own testimony revealed that presently the peace and quiet enjoyment of their properties is adversely affected by such traffic as logging trucks, which travels both East I.lain and Highway 66. In addition to the vibrations from such, Highway 66 has an incline in that -15 Findings of Fact area which causes additional vehicular noise due to necessary acceleration and/or shifting of gears. The traffic anticipated in connection with the proposed use will be of a slower speed, and such will not significantly increase the level of traffic noise presently experienced from the combination of through traffic on all three public roads in the area, plus the airport usage, the service stations and the present Country Kitchen Restaurant. The Johnson and Neely properties are endangered by fire because Tax Lot 800 is unimproved to a large extent and Tax Lot 400 is entirely unimproved, and no landscaping or fire protection exists naturally. The exposure to fires because of the traffic on both Highway 66 and East Main has been evidenced by a fire which recently occurred there, which necessitated the cooperation of the City of Ashland Fire Department with the Talent Rural Fire Depart- ment. The nature of the proposed project with its paved and land- scaped areas would substantially reduce the spreading of any such fires; the inherent fire protection which would be planned for such a facility would substantially assist the neighboring properties. The present access to and from Highway 66 will be maintained and the proposed paving of the presently unimproved access will be beneficial to those properties. The Site Plan, by providing light barriers and sound barriers, will minimize the effects from those sources. Much of said traffic will substantially decrease in the later hours of the evenings as activities are over. Duane Venekamp, a land appraiser, testified the proposed use will not have an adverse affect on the Johnson and Neely properties, refering to the matters just mentioned, -16- Findings of Fact and was further of the opinion that any loss of value with regard to those properties was sustained when the 1-5 Freeway interchange was located where it is, plus the prior development of the area as a commercial area, and the rezoning of Tax Lot 800 for C-l use in 1973. 8. Public Necessity, Convenience and General We~fare: The present Comprehensive Plan and the proposed Plan contemplate that a substantial part of Ashland's future economy will depend upon developing its tourist and recreational character. Chief of Police, Herb Hayes, testified that he anticipated no special problems would be presented by the annexation of Tax Lot 400 and the use of it and Tax Lot 800 as a convention center. He stated the Medford City Police had reported to him they had experienced no special policing problems as a result of the Holiday Inn Convention Center in their city. Fire Chief Reed testified in the earlier hearings that he felt the contemplated use would reduce the fire hazard, and both he and Chief Hayes felt an ex- pansion of their respective forces would perhaps be a natural result of the anticipated Oak Knoll annexation, rather than as a result of this proposed use and annexation. The annexation of Tax Lot 400 and its use as a parking lot would not result in additional use of the City of Ashland water because, as indicated by a letter from the Talent Irrigation District, Tax Lot 800 is entitled to approximately 5 acre feet of water from that District, which would be available for landscape irrigation on Tax Lot 400. -17- Findings of Fact Sewer and water lines are presently already available to the subject property. Based upon these facts and those set forth in Finding No. S, (Public Need), which are by this reference incorporated herein, it is found that the public necessity, convenience and general welfare of the City will be promoted by granting and allowing the change in the Comprehensive Plan and the rezoning in this proceeding. 9. Degree of Change: Based upon the facts heretofore mentioned in the foregoing Findings, including such factors as the presence of other motels and restaurants in the vicinity, together with service stations and other highway commercially oriented uses, the granting of the change in the Comprehensive Plan and the Rezoning contemplated herein presents little significant change in the overall contem- plated use of the property in relation to that already being experienced by the area involved. 10. Annexation: All the foregoing Findings, and in particular those of Findings Nos. 1, 2, S, 6 and 8 above set forth, are incorporated herein as though they were set forth in full, and based upon those, it is again determined that the proposed annexation of Tax Lot 400 accomodates a substantial number of the State Planning Goals set forth in the Oregon Revised Statutes and they are adequately fulfilled in that regard. In addition, such annexation will not overtax the existing public utilities or facilities and will be in the best interests of the general public welfare -18-Findings of Fact and economic benefit of the local area. The foregoing FINDINGS OF FACTS were PASSED AND ADOPTED BY THE Council on the :J,7',) day of ~~ , 1977. o /- ~IGNED AN~ APPRO ED hi"S,? "cd 4<grJ ct:-/~ Gary . Pfl.ckett, Hayor '~ 4/-/ ' 7 <-- ~ ~?/iA).I.~~-<- Nan . Fran 11.n City Recorder day of i2urd~' 1977. -19- Findings of Fact , t _. ., __ ..---- -______M _ _____ __._________ ____ __ ________ ___ ________"""""- " ,... ",..-..... , ,\ ,ICATJO:~ A:W CO~SE:\T '10 A':j,EX. 0'; " . _.,---'---~.---' --,c:---:--".---..,. - . I For the purpose of appl)'ing to the City o'f Ashland' 'to'have our land annexed to :h"tJ Ci t)', we represent that He arc the legal O\\1ll:rs of record; or ,the contract purchasers lursuant to a recorded contract, of the folloliing-dcscribed land located in Jackson Count)', )regon: Please refer to Exhibit I and II attached, ,. We hereby l'equest and consent t.o the annexation of the above-'described I and to the ;ity of Ashland; and, in exchan~e for the scheduling of a public 'hearing and i~ consideration If this request by the City of Ashland, I.,e agree that this consent to annexation shall be lon-re\'ok~b Ie for a period of three (3) years from its .date. We further agree to pay one cent (1~) for each square foot of land sought to be mnexed to the Cit)' of Ashbnd as a fair and just contribut.ion tm'Jard the cost of existing 'lUnicipal improver,:ents and utilities that ma)' benefit the land; 'said pa)'ment to be made to :he Ci t)' of Ash land at the time the land is annexed, or I.:hen ei ther \'later or sewer servi ces .re furnished to the land atollT request, "hichover occurs first. At the time the land described herein is annexed to the Cit)' of Ashland, lie agree :0 pa)' to the Cit)' of Ashland an amount sufficient to enable it to "ithdn.\i this land from .11 public service districts as denned b)' ORS 222,510 and to l'Ihich it may belong so that .),),s "l,a]] be at no present or futuree);pense to the City of Ashland. lHth respect to each ;ud public <.crvice district that, at the time oJ annexatlol1, h?s outstandi:1g liabilities )1' :'ndc'btedness, I':" shaJJ pa)' to the City of Ashland an amount equal to the pl'ece~oing )''''1''5 .ss 5s:;;ent for such indebtedllcs:; multiplied by the nU;T,~er of )'ears remaining on such iTlde ,ted- leSSa We agree that this agl'ee;;,ent shall be bin,ling upon our heirs and assigns. lATED: 5 G" T E' XI'/" , '''/, /7rJ j' J "A UR, ,,.. ,'c,_ .... ',7'--;' j'-_.:F/", PRINTED NAt.!E: Donna P. WooVey -~---- 51 G'\ATUf:E: PIlINTED NAl.lE: 5 I G.'\i\TllRE: PRINTED NAf.i:::: , ;TATE OF O!;i2G0N ) , ss. ;OU:HY Of. D:o:./,,;lis ) nE IT m::.n::'.JHEW:1l th,,1: on this 2'y_~__c1a)' of __..:il.2u.!d..____~, 1972_, heforc' me :hc \I1lCl:'rsir.nC'd, :t"r\otnry Puhlic in nnd for !;.d<1 Countr <ln~~ St:ltc, pcrson~J])' ;lpi',c;{rcll the ,'i 1 hill n~l:n('(l _I ..2:'''::L'Zi..?..-__t- -=-U-:..,~~~~~~_____~~__, ---:_ _n.~_~________ ____,__.__. ____J :l1h\ _ ____ _~__ , \.:ho :Ir~ J~n:;~.'n 10 Lie to be the ilkllt"lCtl ill(livjdjl;ll~ c1c:;crjh"l1 ill :;;1(fi;lli~-;~:0.:-t:t-;,--P-;r-il)0-\;j t 11 i n j n'; ~ rl1::II'nt, ll;l\,j n!~ ;lrb~p~.'1('l1~;cc1 to Ill'~ tllat t11(')' (;);cc01 (.(1 the ,;Hill" f)~..I""lr :lllll "U1UIlLI)"j 1)'. IN \','lTj,E"S liill:i:rOr ) h:I\'" h(l"'\l1110 ~('t r.1)' h:1I111 ;11),1 roe:l} 11", ,1:1>, :lnd }:,'''r J;':.I Ihl')'(' I,Ti 1 t I'll, I (' _\-~/G'f~ , 1,n. t<<(-! ,.j. '., ... , h\\f ;11)' )'111;111; fIll' (l rt :""1\ , , "~'#/ . ../ ?/ DESCRIPTION SHEET I \ I See page 1 for vesting and encumbrances, if any. Description of the tract of lend which i. the .ubject of this report. Beginning at a point on the East line of Government Lot 10, Section 11, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, which point bears North 00 II' East, 268.34 feet, from the Southeast corner of said lot; thence continue along said lot line, North 00 11' East, 150.0 feet; thence East, 130.0 feet; _ thence South 00 11' West, 101.1 feet; thence South 690 27' West, 139.35 feet, to the true point of beginning. i I l EXHIBIT I TO CONSENT TO ANNEXATION ([(J~ (/f 70t) , J Order No. 38130 a-rl--?~# / I . Uu. '.. '.I ___._____ ___. '.._'.. .,.. ' ii' lW13El\'l'S, ,1 S ,. ') .:In 1I11cl i vi dell 1/:1 i 11 j'(' n:'~' 1'lAW;A1n-:'J' 1.. M/\NSON, :: '~-.i~i:iau.1/3 iiifcii'c .,iiiidU CM!LiY' FHM:CES.S'J'El"il,,,,j;'ds .tb;)Jl.undiiridcd ;rc!;t,."us tenants in' COITUTlon, ITWeys iJnd warrant~ to . ~ ~~........ ...............-...........--...... k ......._...................................... t...... the fo!!ow;ng de,cribed rea! propc-rty Iree of encumbrances except .15 specihca!!}" set {"nh hue;', .,itu.,r,'d '" ..Jac)(sC>l1. .... ....County, Oregon, h,.w;r; Commencing a t the sec tion corner common to ;~ctions II, 12, 13 and 14, Township 39 South, Range 1 East, Willamette ~eridian, Jackson County, Oregon; thence North 450 00' East, 87.59 feet to a {~point on the Northeasterly right of way line of u. s. lIighl-l<11' No. 66 for the true point of beginning; thence North 450 00' East, 7.61 feet to the South- l,.,esterly riyht of way line of East ~j<1in Street (extended); thence ~;orth 3::;0 :: 56' West, along said street line, 1450.15 feet, to a point on the East line, ., of Government Lot 10 in Section II, said TO'.-Inship und Range; thence South 00,. 11' \'lest, along the East line of said lot, t.o a point which bcars North 00 ., 11' East, 908.34 feet from the Southeast corner of said lot (said ;)oint :: being the Northwest corner of tract described in Volume 422 Pa(;e 19, JaC;';coo:l i: !,County, Oregon, Deed Records; thence South 510 45' Eust, along the ;:o)'Lh2rlyi Iline of said tract, 171.40 feet; thence South 340 521 E~st, 235.30 feet, 1:0 ,the Southeast corner of truct described in Volume 403, Page 227, said Deed 1"Records; thence Wes~, ulon9 the South line of said tract, 270.0 feet, to.. ' the East Ilne of sald Lot 10; thence South 00 11' \'ic'st, along sald East llnc,. : 190.0 feet, more or less, to the Northwest corner of tract described in '" ~Vo1ume 504, Page 199, said Deed Records; thence East, along the North line ;Iof said tract, 130.0 feet, to the Northeast corner thereof; thence South 00 1'111' \'Iest, along the East line of said truct, 101.1 feet to the SouthL'Clst ,corner thereof; thence South 690 27' West, along the Southerly line of said Ii tract to the intersection of said line with the Northerly riqht of way Ilnc .Iof said Highway ~o. 66; thence alollg the ilrc of a 471.68 foot r~dius curve I~right (the long chord of Wllich bears South 850 53' 30" East, 425.95 feet) 1441:94.feet; thence South 590 03' East, 434.60 feet, to the true point of ~c:.gln!1l.fl~.....__...._______.._______..____... _h___~_.."_" _ " ...DONNA 1>.. \-WOLLEY .l!; to .U3u vrantor. il.;j .. ...............h.........h....... Gl,'/:Jff'(', ,. ",,---.- EXHIBIT II TO CONSENT TO ANNEXATION C 7~ Jiwi- 4-CJO) ----_...-- . a~--x..ev7d / --T- ~ ,: . ~~~. .[' .:,... II 0' /' Ill. C ('T 'I o~ I~ ..\; .;~ o ~ . "'-C.I/". :.':.-0 !~ i 1~!~'c-~I.)1> 3: C00)JT\' , ;In ~ I t . fj SbO /..~, \L-----.----\\l=,=.~~ I.c~-f~- . /\\'.: . ...' 1(li:\ ------\\ /j{S I 'il ,), Y .)~ ,]. --.----\-------------.-.-.1;-- --'-.. ---; ~6 ,;;;/ ....-------\- -----'---';J ".~o ...;;' '.. 1.:\)'>' "':J I ...... ...., -- ___h... . _ . . -- -..-:~ ~..,\ .__.'.;:::,o.j:',)~, <-:::~ ~i \ ..''''''-'' ){'- -'- -.-.-..1:.--.=---,::,:,:- '~"--r! . .' ! I" . , I 1'\ ~'l--^ ,,/ / I) I .....,:)( ) ';'-~--r-""" i I. . \. ---,,:"-'--'~:--"---'-- -- -...- ii"r~ 7~b:' j Ili~X LDr /J..()Q I -.----' -- . -' ". .---...i,l: /', " --l---.-~.,Llxl 'I I ; ------------.-- .-.-., I ; . ' , (.: r "I /J (/ I I' .---..- ., \ -, n '-~~ /' ----'.--.. -..... --- ---( .. _-- . -- -.........s.p /' I J I ...- .-------. ~ ~ -- .... --~~~"~~~~~ ~'~~~~! '1\ -r.-"7 _s~~~(~ci'-i li~II"-~-c~<-li'~:: I I I I CJJ)!"jTY "<((~\ " I \ /,,~."t: \~Vl_\ " C i--P{--'--'-'--' , ~#'/ ORDT'IA'JCE NO. /9/1 \'J ilRDI'JANCE A\IENDTNG THE CO;,IPREIlENSIVE PLAN OF TilE CITY OF ASIlLAND, ORJ'I:ON TO CHANGE TilE DESlC;NATION OF CERTATN PROPERTIES TO "HTGI1WAY CO\;\II,RI:TAL" . '1:110 PEOPLE OF TilE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SI'CTION l. rhe designation of certain land is hereby Cl1;e'lged in the j\"h]"nd CDmp,'ehensive Plan to Highway Commercial. SUI:h 1 :!nd is located near the '\orthc'lst quadrant of Higl)1vay 66 'lnd Inter- "tate 5 (1..5) and is more particularly described on Exhibit "A" hereto, ~hi('h is incorporated herein. Further, said land is shown on the illustrative diagram which is marked FxhiLlit "13" hereto and incorporated herein. SECTION 2. This Ordinance shall take effect and be in full force and effect not less than 30 days from and after its passage and approval by the Mayor .''cn<! after receipt of an A ffidavi t or other proof satisfactory to the City that a valid contract has been entered into for the construction of a Motel In accord with an Agreement between the Ci ty of J\shland and the developers of AshLil1d Hills; h01'icver, if such proof is not received within two (2) years from the date of the passage of this Ordinance, this Ordinance shall be null and void. The foregoing ordinance was first read on the 9th day of August, ..-" 1 OJ77 and duly PASSED JJJld ADOPTED thi S/~T~d~~rH--~fA'YU's I., 19'77 . (. 'I c /-/ . 7. cd-,-/ ;72..L-<C,5'~,,<-/l,jf,--__..__.. Nan i. Franklin City Recorder ." ?,j SlC\ED and APPROVED thisC-'-<c"-,day of /l/c-, ciS t- . 'JH' fie -& i7,ci)J},(cP')/'ct--rv' Rol and ~lcr:annon Council Chairman (lief';'j tTb'r.-J 1977. ~~#/ ASEL.!JJ~D }~I1Jl->S /-J\}\~~YJ~TION 0c"'scr,j -iJ c, "'ton CC<"--'E>:JC}~JG 21: '!_ile sl?ction c:o=n(~T. COi~li_iJOTI to Sections 11,12,13, c:-j ell.! Tow~s11ip 39 SOlli~h, Railge 1 East of i:he wll12~nette }'~(~r:~~i~il, j2C~SO~1 CO;]~ty, O~~gon, 1112nce NO~Lh 650001 S2St, 95.20 i'2~ 10 2 po]n~ Dn 1:ne So~th~2sterJ_y right of ~2Y of E2st ~~2in Si.._::-C2L:, for -cll2 --;-'112 ?O~l)L: or _:Sf~girl:~J:'::~.S; t!~cnce !~o:ltb 3soS61 1'~c~-:;t c::"'",-'C s2~ld =-is'nc of -\l:<:.3.Y lt~50,J5 [~:2t, to 2 ?O~;Tlt on L!-Je -;~;_:st line 0: G,_,\.' ;~rTil!;2n-~ t ~O~- JO J.--;" " . ~(::-C'('-J.OD 1 _~ 32lci m _ ,. . -,--. !O\v:~snJ_p 2110 ~8Dge; ,i!l= nee " ::::;.() -n CJOUll' s\_, p} c),~g ~..':l2 :S,:~'st ~:_:J2 of .sl~~_d l.OL, ;)36. O/~ :i': (-'" ";-- LO t.- jJ E l\Cf!: t:)-~...'2 s"C c~ (J:::"j; er () I l_ ~- 2 C t: C f' S (: '~- i 'je d )_Tl Vo 1 "0...:':1J2 1+ /2 2 P 2. ge 19, ~;c:C'~<son CDUTJIY -,.... -----, ~)2eo _'\2CCJ" r-_C" . ".~ ) ;-; e~~j c~ e S C'-c1 T"h 51 o!~ 5 I s<-~st , clung t}-12 ]~C':--:~-, --_'~ 1:/ c!::::: ('.:;- .s 2 1 c~ -'--:: ....-,-'-- --:'._c.., ! i 1. . /7D r ~':~ L ; ~h2j~Ce SOlJtb 3~Oj2' ~~;:~ s'-=- , no.3C ";_ 2~-:: to 'LJJ': SC,",j.J-(-};i'"_:2sL (:o:cnE:l- of . -, . ~ "'\ . tr2c~ C2SCYJ_~20 1TI V(~~.',:'TTJ2 /;03, ':-;:-:8,2 227, s2i6 DI':'ed J\pco::-cs; trl2nc2 1':est, aJong toe So~~~~ J~~E of S~- d ~r5C~, 270,00 --~~~ to [~E ~2S~ }in~ 0= s2id , ,'''-- .1 '--. _" '.~ -~ c;::- S,:-""_":-;-; CICit'~~} 1 1\ '0.:_' ~~ :... C- J '- "J S c' ~ C ::J 2 ~-= -, -';2, /:,C_~.2/" :i (_'2:':: ~o -'--~'"' ._ ~ -' c 00''':; -:... ~; ~-:r l)~ -.1- -- ~: fJ":", O~ '.';;2)" o~.- :~:::.t:-';'.i~2Y No. , , 00; ,-i-JE--IC2 l~oT~h 67017' ~2S~, 2]G2~ s~j_d SO~Lh2Tly J-isht of ~2Y lL6.0~ leet; t~~nce 21o~g :_~e ~TC of 2 h11.G8 foc)~ :-2~j.US CU~V2 ~o -~2 ~Jgr1~ (-~';-)e }ong enuro 0= -I':'}-jic"h bc.a.-..:s SOU-l.tJ 05(.;~3130' ch->""~SL, 371.77 :~ef:t) 385.72. feet; thence Sou~h 590031 E~st) 620.~; feet to an n"'L ey"- section with the pT?jected Soutllwesterly right of way of East l<c::J St::--[:-et; t~~nce l~orth 380561 i,':es"L-) 2Jong said ,)yo:iPci20 richt r - ...J -- - . - <2> of \..'2Y 195.94 fl~C::t '!.:)Jor2 O~ less to tile lYU2 point of beginnillg, c'o~~~ining 8.43 ;jC~2S ~JOI-e or Jf~SS, E){cepting__tb",r_eJr()~, the foll 0"7ing described real property: Beginning at a point on the East line of Govenlinent Lot 10, Section 11, TOh'nship 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, which point bears North 0011' East, 268.34 feet, from the Southeast corner of said lot; thence continue along said lot line, North 0011' East, 150.0 feet; thence East, 130.0 feet; thence South 0"11' West, 101.1 feet; thence South 69027' West, 139.35 feet, to the true point of beginning. Exhibit "A" to Ashland Ordinance Amending the Comprehensive Plan. az.~#/ ANNEXATION ASHLAND HILLS PLAN CHAN!~E NO. 8 'Jll'''SIVE COHPRE,,, -:"--;;::=--::;,--;)-1- /- ~ '- \.~, \~~".. 'Lr .~ --~ ,(~ :~? '~, 'Y :::- / '/ :/ / :,......... .r;: 1 tk: _ ( , 0~~~A' ' "h;;:~:;:;>tL) ~. ., __,.~ v '-~ \ "c:;ry" i', . '-/';T,:".7~-;;' '.-/' , I .-".:.w;-.....//// "~l~ /// C _I) F/-L,'}} _ . ' / C 1-1/V ~ L . /U?CA r . ,.... ,?,''o "v . :0> ,vSIT , ~ " / -O/G//}J '<. ~ ',;. //7._ _ h'/,,"h'IVAY '/ :NTl4L /0 "'/ "" 0 041--- "eLL. _, CI //~~~v/ "':\.,... .... ///..!-- . .~ ' / / ~'<:/" ' , rc .,' ""/'//,,_ / '.~ ;. ,"" .,,-- 4, , ." i!,/' I . jo/tJ;-",~c --\~A '~5';" ""~';::-;Z .~. .~.'-- pr,; "''\.~~ .. f.vG -"",:'\' ''-;'" O^ " {. 0/ 0,"'" "C" '~ , . ," " / m, . U",. . """ h~ ' , & " 'c H' "0, ~ <<~.~ y ..~ " D'~5", ".'''- 0< _ ~ '---'r-....~." . /' ',,>.:~ )..";-~" '< --" ~./ , .(- 'V ,,21/6//:--1,/"-1, ---<,CIAL CC/i'U)/C/ ...", "" ~ <::.. "'" ~~ -L_,...........J '>veRT/-I \2) "",- ~ ~ '" "" ~ '<;:) "" '- "\.. " '\ /j/(::)/-ii'i/A Y " - J - /IL CC//;/lI,__/~ ('/ _ . 1'.3" to Fxl1iblt t'-le /\r;iC::Tlding , .. d Ordinance Ashl.-o.n ----- -l'w1-lC'Ilsive eC\!.!.::-' ", PliIn .<- oy "*'/, d--,!:~_ OR])~Jl"l,l""l:' )'0 J(J~.,/' "/"L~Cj':" l~ .,..L ,/'-"-<~___ :\N (il::,] 11~;\l\C:r: OF THE CITY OF ASHLA?'~D N\-t~EXJ~G A CONTIGUOUS AP.EA "fO 'fEE CITY OF ASHTJ..ND, O;~:,;GON l,ND J'}(OVIDJNG FOR AN EF}'FCTJVE DATE. l:if; i'F0J'LE OF THE CITY OF ASHJJ,~m DO ORDAIN AS FOLLOHS: Sr:.CTTON 1. The follc'\.Jirlg land is contig"1.lous to the City of Ashland and 1'3 1(j\ '~ltC'd .i.n J;.'"cJ'.c:OI1 County, Or,:'_gon, and is 11creby ;nlncxE-d to -the City of Asl11and rn)\lj.rlc,d \.11 Sc;ct5.on 7- of this C{'(~ir~('l!ce. (A:"hl:'l.nd Hills Arrnexat"ion) '-'<' '" ,~ Co-"Acncing at t l1C :;;cctiIYLl C{)Cj)(~-r Ct>;;";.."1on to Sections] 1, 12, ] 1, i1nd 14, 'l'u\\'n~;11ip 39 South, R;-mge 1 E~'st of the Hillamette }jc.-rid- L-:nl, J;-:Jc1:..::.;on COl..""lty, Orc'80n, tllcnce Ncrth 1-1-5000' E8St, 95.20 feet to a pojnt on t112 Soutl1\,'(:stc-(ly right of \,ray of East }18in Str,~:ct, fU:L4 :.:h2 'J>-~,.-:'. ?o5nt. of E('>.',:i.!.I~yj118; th:>ncc i'~orth 380 56' H(:,st tllong .",aid rii:',ht of \-:-,'1-Y IltSO.] 5 fc:et~ to (l l'Ohlt on 'i_he E2:-;t Ii_rie of GoverrCi(,nt Lot 10 in Sr.'I'.l-Lon II, said TO',YilS11ip ;:\1la R;il)fiP-; thr":-\ce South 00011' Wc.st, ~J_OJlg the East line of saj_d lot, 286.04 feet to the Nortllwcst ccrncr of tract de~cribed in Volume 422 Page ]9~ Jackson COllllty Dct~d Recor~s; tl1~nce South 51045' East, alorg the Northerly lill~ of said ~r~ct, lJl.40 feet; 01ellce South 34052' East, 236.30 feet to the ~-o\Jtlleast c(~~(n;:>(' of tract cescribed in Volmne ~03, Page 227, said Deed Recorrls; tllence West, ~llong the Sc.nth l::ine of s?lid tr3ct~ 270.00 feet to the East line of s8id Lot 10; thence SO'llth 00"11' hTest along SAid East line, 405,,14 feet to tr)e ~o:ltlj('_-lly r.izht of 1.';,;~Y of Highh1ay No. 66; thence North 67 11' !>:.st~ (~1"':'!-'0 .'>.::_d S(;~Jt:--;;_:;ly r~_i;~t Df \;~.'ly 1/:6.0/-+ :feet; L!!'_ :-~,-.p i3Iong tllc ;-lTe of a 411. ,'=>8 foot r;--jdius curve to the right (the Je.ng cLoyd of \d1icn bears Soutb 85053' 30" EflE't, 371.77 feet) 3RS. 72 feet; t11encc Soutll 59;:)03' E3St~ 620.45 feet to an intC:'}-sc'ct::ion \"itn u)(~ projpcted South',~'esterly right of \\~ay of East Hnin Street; t1-H:-nce North 38;:)56' XJ0St, aloIlg said projected right of way 195.94 fpet more or less to the lrlie point of bcginni~g, contairling 8.43 Hcr~s more or less. SECTIO:--T 2. This Ordinance shall taJ.:e effect and be in full force not ..--,-..-.-- lr:ss ~-_1:2n 30 dc::ys from and after its passage 2nd apprcval by the 1-1ayor i~,~<i 3fu::r 1'l:Ce-tpt of an Affjda~:it or other p'j~oof satisfactory to the City t11at: a \1;1.1id cc,n- tCbCt '-)a6 b21~n entcr~d into for tlle c:c)TIstruct'ion of a ~1otel in accord weith on '~'cJ,>-:jT0nt 1H' t ,",,'c(:n the City of J\shla'~lG ;:-Hvi the (11__~v(-:lopC:'rs of Ashland Hi l1s; ;10\.;0('\.'('1", if :_~uch yToof 'is J"'lot J--2cc:..vcd \vitf"!'_in two (2) )'h:'f_TS f1'(""1111 tllC date of t'he pa.i;~;;lbe of this Ordil1311CE, this Or0inance shall be null ~~nd void. ~ECTION 3. 'C!.')on the cffc'C'liv12 dat.e of this Ordil)anCC as pro\lioed in 5(:,ction 2 hc'~-.:~of, the City :r,ecc,rn('Y~ in :__F:curd \,Iith OHS 27.2.1"lO, is lJcrcb;:' C!uthori- ".cd ~,nd dj rC:LteQ to "l~:ll-::i? ;l1,d sl!1:;~Td_t to tlle SeL'rCl2ry of the State of U-:c: State of Oregon, a ('()py of tll-is Cl-dij-::-n-,ce, a cupy of the StatcTi1ent of CCOiiSC:Tlt from the ]~~r;d'- (}\';'11'2TS of the trc--lct F',nr,c.:ed, 2nd 3 copy of tLe Occlinc.TIce dispensing \,lith the eL:,_criofl (,n ~he r(Op.)~;(.d ,;.nnc>::;t:'il')l'I; ;,.,nd ;~]so upon U)2 effective d;-,t~ lH:rcof, tlle City Rc;co-:-QC:( i.s ;~l.1tllo:.~1/~ed t=iT;d (~jn:>(::i(.d to ~;l'h:i'd t a. ('('py of t'nJs O,cdjr;,~,nlce to tlle CC1l::1ty I\.:-;scs~:()r ;:nd COI-'nty Sur'.l':::~.'01~ uf ,1;:.d:scn COl1;"!ty, CU'c,(')n.. .~ 1-- O-rdin:-<Ilcc No. /_:Z':::~4::____ t2~z-.'U'k -;z:r / fl1C rO):~g()ijlg Ordinance was first /fh - !'S:;,:.~D '''.',d ADOJ?TED l-his!~___:_day of '; H\::U . ,?f ~/.,<Af!:..:- '\~ '\1 ,~. \ )-'-(,-. ilkJ in (: ;Ly? ,>('O[ d,:~r .).zr'/ '.;rC\iC,l) ;-'nd !\Pl}!~_OV"t'=D t1Iis~~-_-.-J_~.-=(13_Y of rC,Jd on t11e !-1~:J.-I ~ 1 /J", 'I"' ,. /- - ,J .-- ---- . ~!ld _Ihy of /'\l1g1lS__:t. , 19l1 and duly lYli. , 1977. . !(vt;')1-{l )l)~ C4'2'('((~\~, u._ "RO};Eld }:Cc:'::'Y11Jun Council Ch:n"ly,;an (,1c-l/'IlJ I-;J,:11~JI-) t2-r~~ 7.Z' / ,...-. - ORDINANCE NO. /o;~7 AN ORDINANCE DISPENSING WITH AN ELECTION I;ITHIN THE CITY OF ASHLAND ON THE QUES- TION OF A PROPOSED ANNEXATION AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON: DIRECTING PUBLICP~ION OF NOTICES AS REQUIRED BY THE OREGON REVISED STATU~ TES; AND I'ECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: i SECTION 1. The City of Ashland finds that the owners'of the prop- erty described in Exhibit "A" attached hereto and by this reference incorporated herein have consented to the annexation of said land to the City of Ashland. SECTION 2. The submitting of the question of said annexation is hereby dispensed wi th and a Public Hee.ring is hereby set to be held before the City Council of Ashland at the City Hall, Ashland, Oregon, on the 21st day of June, 1977, at the hour of 7:30 p.m. at which time all persons may appear and be heard cn the proposed annexation. SECTION 3. The City Staff is directed to cause Notice of said Hear- ing to be given as required by ORS222.l20 so that public notices are published in a newspaper of general circulation appearing in the City in such issues of such newspaper on June 7, 1977, and June 14, 1977 and that notices be posted in four (4) public places in the City for a period of not less than two (2) weeks prior to the date of the Public Hearing. SECTION 4. It is hereby adjudged and declared that the existing conditions are such that this Ordinance is necessary for the immediate preserva- tion of the public health and safety of the people of the City of Ashland and an emergency is he,reby declared to exist and this Ordinance shall take effect and be, in full force and effect from and after its passage and approval by the Mayor. The foregoing ordinance was first read on the 31st day of May _, 1977 and duly PASSED and ADOPTED this 7th day of June , 1977. N~~a~n~~~ . City Recorder SIGNED and APPROVED this ,/-d- day of --- ~< :;77~ ~#/ EXHIBIT "A" Tax lot 400 Commencing at the section corner common to Sections 11, 12, 13 and 14, Township 39 South, Range 1 East, Wi11amette Meridian, Jackson County, Oregon; thence North 45000' East, 87.59 feet to a point on the Northeasterly right of way line of U. S. High,,'ay No. 66 for the true point of beginning; thence North 450 DO' East, 7.61 feet to the SouthwEsterly right of way line of East Main Street (extended); o thence North 38 56' West, along said street line, 1450.15 feet, to a point on the East line of Government Lot 10 in Section 11, said Township and Range; thence South 00011' East, 908.,.34 feet from the Southeast corner of said lot (said point being the Northwest corner of tract described in Volume 422 Page 19, Jackson County, Oregon, Deed Records; thence South 510 45' East, along the Northerly line of said tract, 171.40 feet; thence South 340 52' East, 236.30 feet, to the South- east corner of tract describE.d in Volume 403, Page 227, said Deed Records; thence West, along the South line of said tract, 270.0 feet, to the East line of said .10t 10; thence South 0011' West, along said East line, 190.0 feet, more or less, to the Northwest corner of tract described in Volume 504, Page 199, said Deed Records; thence East, along the North line of said tract, 130.0 fe"t, to the North- east corner thereof; thence South 0 0 11' West, along the East line of said tract, 101.1 feet to the Southee.st corner thereof; thence South 69027' West, along the Southerly line of said tract to the intersection of said line with the Northerly right of way line of said Highway No. 66; thence along the arc of a 471.68 foot radius curve right (the long chord of which bears South 850 53' 30" East, 425.95 feet) 441.94 feet; thence South 59003' East, 434.60 feet, to the true point of beginning. Tax lot 700 Beginning at a point on the East line of Government Lot 10, Section 11, Township 39 South, Range 1 East, Wi11amette Meridian, Jackson County, Oregon, which point bears North 0 11' East, 268.34 feet, from the Southeast corner of said lot; thence con- tinue along said lot linE., North 0 11' East, 150.0 feet; thence East, 130.0 feet; thence South 0 11' T "st, 101.1 feet; thence South 69 27' West, 139.35 feet, to the true point of beginning. ~~P/ \ " , "- AF:nDAVITOF PUBUCATION STATE OF OREGON. } 95. 'County of Jackson. I. ...... .Doris . Thomps.on . .. being first duly sworn. depose and say that I am the printer of the ASHLAND TIDINGS, a daily newspaper of general drculation. printed and published in Ashland. in the aforesaid county and state; that such newspaper is made up of at least four pages of five columns of at least I7%inches in depth, or if smaller pages. then comprising an equivalent amount of type matter; that said newspaper was regularly and uninterruptedly published for at least one year immediately proceeding the first publication of the attached notice. and has more than 200 bona fied subscribers within the county in which it Is published; that the notice of which the one hereto attached is a true and correct copy. viz; :i was published in the regular and entire issue of said newspaper once a week for . . . . .tW.o . . . . . sllccessive and col\llecutive weeks. ~encing with the issue dated the ... 7th.. day of .. y;w.1~....... I9.f.f... and ending with the issue dated ....14:th. day of ....June............... 1977..... That the price actually charged for this notice was $.:3 6 0 3-3 . . . . . . . . . . .. That a reduction of $.................. from the I~ was made for charitable purposes. ~~ Subscribed and sworn to before me this .-.:: :'. day of . .'. ...... ......19. ,,,;, . . . . . . . . .C~~" .\ ; .-: .;<:/. . -;-. J.'. ~'.--. ~: ; :. Notary Public for Oregon. (My commission expires .... \ ,:. .~... /."'.......) a.?'Vl~ -;Q'I . . 1 I. ON THE PROPOSED ANNEXATION OF CE,RTAIN REAL-PROPERTY TO THE CITY OF ASHLAND (ASHLAND HILLS AN. NEXA TION) NOTICE IS HEREBY GIVEN 'that a'public hearing will be held 'before the ("ity Council of the City of Ashland, Oregon on 'Tuesday, June 21, 1977 at 7:30 'p.m.. in the Council Chambers, Ashland City Hall, on fne question of annexation of 1he City of the following described con. tiguous territory: Tulo14QQ Commencing at the -section corner common to Sections 11, 12.13 and 1-4, TownshIps 39 South, Range 1 East. WillameHe Meridian, Jackson County, Oregon; thence North 45 degrees 00 minutes East, 87.59 feet to a 'po;nt on the Northeasterly right of way line of U. S. Highway No, 66 for the true point of beginning; thence North 45 degrees 00 minutes East, 7.61 feet to the Southwesterly right of way line of East Main Street (extel1ded); thence North 38 degrees 56 minutes West, along said street! line, 1450,15 feet, to a" point on the East lineof Government Lot 10 in Section 11, said Township and i Range; thence South 0 degrees 11 minutes East. 908.34 feet from , the Southeast corner of ~i':id lot I (said'point being the Northwest I corner of tract described in 'Volume 422 Page 19, Jac'~son County, Oregon, Deed Records; \ thence South 51 degrees 45 minutes East, along the Nor- .-4tlerly line of said tract, 171.40 feel, tl)ence South 34 degreeS 52 mlnutes East, 236.30 feet, to the Southeast corner of tract described in Volume 403, Page .Zl7, said Deed Records; thence West, along the South line of said tract, 270,0 feet, to the East line of said lot 10; thence South 0 degrees 11 minutes West, along said East line, .90.0 feet, more or less, to the Northwest corner of tract described in Volume 504. Page 199, said Deed Records; thence East, along the North line I of said tract, 130,0 feet, to ~he Northeast corner thereof; ther\ce South 0 degrees 11 minutes \Vest elon9 the East line of said tract' 101.1 feet to the Southeast "orne; , thereof; thence South 69 <"'..Jrees 27 minutes West, alol - the Southerly line of said trac -'t? the Intersection of said line yo, 'h the Northerly right of way line c.f said Highway No, 66; then.;;e alo~g the arc of a 471.68 foot radiUS curve right (the long chord of which bears South 85 degrees 53 minutes 30 seconds East, 425.95 feet) 441.94 feet; thence South 59 degrees 03 mln~te~, East, 43~.6~ feet, to the I true POint of beginning, , Tax lot 700 Begi.nnlng at a: point on the East Ime Of Government lot 10 Sectlen 11, TownShip 39 South: Ran?e. 1 East, Willamelte . MeridIan, Jackson Countv ; Oregon, which'point bears North , 0 degrees 11 minutes East, 268.3-4 feet, from the Southeast corner of said lot; thence continue along said lorllne,- North'O deQreesll minutes East, 150.0 feet; thence East. 130.0 feet; thence South 0 degrees 11 mInutes West. lOLl feet; thence South 69 degrees 27 min~te~ West, 139.35 feet, to the true DOmt of beqinning. AI! Interested 'persons, in_ Cluding the registered voters of the City are invited to appear at the h~aring and be heard on the . que~tlon of annexing said territory to the City. . By order of The Ashland City Council Nan E. Franklin City Recorder P~bUsh: June 7 & 14, 1977 ; , \ I ! \1 ~ ~ ! ,. j ~ f 1l iii ~ :i it " '~, '* ~ .'if ~ ~ i ti , ~ ' 'if i I. I ~ ft 't j ~ ,~- f ~ ., . , ~ l " I __ ____~-.n---=~ 7C?~ "'/7 ~'- I~t:- ( /)Lt-L't",c..., NOTI'~_" OF PUBLIC HEARING ON THE WITH. ",WAL OF CERTAIN REAL PROPERTY FROM THE JACKSON COUNTY FIRE DISTRICT NO. 5 (ASHLAND HILLS ANNEXATION) , I " ' !",{-( -.- v NOTICE IS HEREBY GIVEN that a Putlic Hearing on the withdrawal of certain real property from Jackson County Fire District No.5 will be held on June 21, 1977 at 7:30 P.M., in the Ashland City Council Chambers, Ashland, Oregon. All persons are invited to attend this Hearing and to be heard on the question of the proposed withdrawal. The real property above-meT'.t1or.ed is situated in Jackson County, Ore- gon, and described as follows, to-wit: _ Tax 10 t l,OO J Commencing at the section corn"r common to Sections 11, 12, 13 and 14, Township 39 South, Rang" 1 East, Willamette Meridian, Jackson County, Or"gon; thence North 45000' East, 87.59 feet to a point on the Northeasterly right of way line of U. S. High~ay No. 66 for the true point of beginning; thenc" North 450 DO' East, 7 .61 f"et to th" SouthwEsterly right of way line of East Hain Stre',r. (extend"d); o - thence North 38 56' West, along said street line, 1450.15 feet, to a point on the East l:tne of Government Lot 10 in Section 11, said Tm.;nshjp and Range; tllf:l1ce South 0.011' East, 908~34 feet from the Southeast corn"r of said lot (said point being the Northwest corner of tract descrihed in Volume 422 Page 19, Jackson County, Oreijon, Deed Records; thence South 510 45' East, along the Northerly line of said tract, 171.40 feet; thence South 340 52' East, 236.30 feet, to th2 South- east corner of tract described in Volume 1,03, Page 227, said Deed Records; the'.ncc West, along the South line of said tract, 270.0 feet, to the East line of said lot 10; thence South 0011' Hest, along said East .line, 190.0 feet, more or lC',ss, to the Nortl1\.,'cst corner of tract described in Volum" SOl" Page 199, said Deed Records; tllcnce Fast, alol1g the North 11.11e of said tract, 130.0 feet, to the N(lrlh- c;.:.::;t CC1~~2:- t:12:"C-C:; thcr:.:2e: Sc'...!th (} ell' P::::st. :!lo'!l~; tl~c ~~2~t Ij."!!(, (,r s.:.:ir1 t"'l"":"'!.~ 101.1 feet to the Southe2_st COYner thereof; ti,ence South 69027' Hest, along the Southerly line of said tract to the intersection of sClicl line 1;vith tile Northerly right of Hay lin" of said HighH"y No. 66; thence along the aYe of a 47J..68 foot radius curve right (the long chord of Hhich bears South 85. 53' 30" East, ~25.95 feet) 1,1,1.91, feet; tl'cnce South 59.03' East, 43~.60 feet, to the true point of bcginnin8. Tax lot 700 Beginnin8 at a point on the E~)St line of Government Lot 10, Section 11~ Tm.Jl1ship 39 South) Range lEast) HillamettA. Heridian) J[)ckson County, Oregon, 'i.,llJich pojnt bC'~"i.r:; North 0 11' East, 268.34 feet, from the SoutheD.~]t corner of said lot; thC'J1Ce con- tinue along said lot line, North 0 11' East, 150.0 feet; thence East, 130.0 feet; thence South 0 II' \fest, 101.1 feet; thence South 69 27' Nest, 139.35 fe"t, to the true point of beginning. by order of the Ashland City Council Nan E. Franklin City Recorder Publish: Daily Tidii-,gS June 8 and June 15, 1977 POST: Ashland CJ_ty lIall (,linc1ml) Publj (' Library Bul1.c:tin BO~"lrd .- H.S. N::;t.1} Fire ~;ti1tion ill d<--L~~ f''''"--'b-,;/ ~ ~t.k~ ~1/7 ~.....--/ "/'""'7 <L'I - c1-_..p ...../, ''':'._, PllBLI C HEAR I NG NOn CE NOTICE IS HEREBY GIVEN THAT ON TUESDAY, JUNE 21, 1977 AT 7:30 P.M. IN THE COUNCIL CIlA.MBERS OF CITY HALL, ASHLAND, OREGON, THE CITY COUNCIL WILL HOLD A PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING AN APPEAL OF A PLANNING COMMISSION DECISION REGARDING: A request for Conditional Use Permit No. 191 in conjunction with Site Review No. 56 to allow a motel-restaurant-convention complex. Part of this property in question is in a C-1;-retail commercial zone, the remainder is in the process of a zone change from RR-5, County Rural Residential to Retail Commercial. Site is described as tax lots 400 and 800, assessor's map lID. APPELLANTS: Carl and Grace Neely, Robert and Patricia Johnson BY ORDER OF THE CITY COUNCIL GREGORY WINTEROWD, PLANNING TECHNICIAN PUBLISH: June 16, 1977 a--n.---,c:...a---<- "'# / PUBLIC HEARING NOTIe NOTICE IS HEREBY GIVEN THAT ON TUESDAY, JUNE 21, 1977, AT 7:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, ASHLAND, OREGON, THE CITY COUNCIL WILL HOLD A PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING AN APPEAL OF A PLANNING COMMISSION DECISION REGARDING: A request for Conditional Use Permit No. 191 in conjunction with Site Review No. 56 to allow a motel-restaurant-convention complex. Part of this property in question is in a C-l, retail commercial zone, the remainder is in the process of a zone change from RR-5, County Rural Residential to Retail Commercial.. Site is described as tax lots 400 and 800, assessor's map lID. APPELLANTS: Carl and Grace Neely, Robert and Patricia Johnson '- C(TY 1\ C " I ^ I-.j" r~:\~' ;./ 1.!1.' 0.- j-C r- ' i 3Ac..~s.o~ COtJl0TY l-lo~1lc ------- ------ --\ --\,0 ~ ..--- C 1 TY-- . -. --------.---- -'- ~ t2-n.-.-~ --;# / '" I NOTICE OF PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN REAL PROPERTY TO TO TliE CITY OF ASHLAND (ASHLAND HILLS ANNEXATION) NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Council of the City of Ashland, Oregon on Tuesday, June 21, 1977 at 7,,30 p.m., in tt.e Council Chambers, Ashland City Hall, on the ques- tion of annexation to the Ci.ty of the following described contiguous territory' ----_._,--_.~-_._.__."- ._-_._---------_._---'-~ Tax lot 400 Commencing at the section corner cow~on to Sections ll, 12, 13 and 14, Township 39 South, Range 1 Ea~t, Willamette Meridian, Jackson County, Oregon; thence North 45000' East, 87.59 feEt to a point on the Northeasterly right of ",ay line of U. S. High.'ay No. 66 for the true point of beginning; thence North 450 00' East, 7.61 feet to the South"'Esterly right of .ay line of East Main Street (extended); o thence North 38 56' West, along said street line, 1450.15 feet, to a point on the East line of Government Lot 10 in Section 11, said To,,~ship and Range; thence ('Ie, . South 0 11 East, 908~34 feet from the Southeast corner of said lot (said point being the North",est corner of tract described in Volume 422 Page 19, Jackson County, Oregon, Deed Records; thence South 510 45' East, along the Northerly line of said tract, 171.40 feet; thence South 340 52' East, 236.30 feet, to the South- east corner of tract describE,d in Volume 403, Page 227, said Deed Records; thence West, along the South line of said tract, 270.0 feet, to the East line of said o lot 10; thence South 0 II' West, alo~g said East line, 190.0 feet, more or less, to the Northwest corner of tract described in Volume 504, Page 199, said Deed Records; thence Fast, along the North line of said tract, 130.0 feet, to the North- east corner thereof; thence South 0011' \Vest, along the Ea~t line of said tract, 101.1 feet to the Southe<.st corner thereof; thence South 69 27' West, along the Southerly line of said tract to the intersect.ion of said line ",ith the Northerly right of way line of said High\;ay No. 66; thence along the arc of a 471.68 foot . 0 radius curve right (the long chord of which bears South 85 53' 30" East, 425.95 feet) 441.94 f~et; thence South 59003' East, 434.60 feet, to the true point of beginning. Tax lot 700 Beginning at a point on the East line of Government Lot 10, Section 11, Township 39 South, Range 1 East, \,illamette Meridian, Jackson County, Oregon, which point bears North 0 11' East, 268.34 feet, from the Southeast corner of said lot; thence con- tinue along said lot linE, North 0 11' East, 150.0 feet; thence East, 130.0 feet; thence South 0 11' \,est, 101.1 feet; thence South 69 27' West, 139.35 feet, to the true point of beginning. All interested pErsons, including tflE, registered voters of the City are invited to appear at thE, hearing and De heard on the 'question of annexing said ter- itory to the City. By order of the Ashland City Council Nan E. Franklin City Recorder Publish: Daily Tidings June 7 & 14, 1977 fi-i'<-~~.; 2t 4..L.-70 ~<% 1""':''1,-<1 7 a;X--?G-~-L.-- -;z:;t! /' -- ---"--"'-"~----~---"